A federal appeals court on Thursday rejected Sen. Lindsey Graham’s emergency request that it quash a subpoena for his testimony from the Atlanta-area grand jury investigating efforts to undermine the 2020 election in Georgia.
The 11th US Circuit Court of Appeals agreed with a lower court judge in ruling that the South Carolina Republican senator may be questioned about certain topics.
“(C)ommunications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to ‘cajole’ or ‘exhort’ Georgia election officials” are not legislative activities protected by the Speech and Debate Clause of the Constitution, the three-judge panel ruled.
With its new ruling, the appeals court lifted the temporary hold it had placed on the subpoena while it was considering Graham’s case.
However, Graham may not be questioned about conduct related to any fact-finding he was doing about whether to vote to certify the 2020 election results, the court ruled.
This story is breaking and will be updated.