Jul 6, 2022 - Politics & Policy

Lindsey Graham to fight Trump investigation subpoena

Lindsey Graham
Photo: Alex Wong/Getty Images

Sen. Lindsey Graham (R-S.C.) plans to challenge a subpoena served by the district attorney's office in Fulton County, Georgia, which is investigating former President Trump's efforts to overturn the 2020 election, according to a statement from his legal team.

Why it matters: Graham is one of the highest-profile figures District Attorney Fani Willis has subpoenaed to speak before a special grand jury focused on the investigation.

Driving the news: Graham's attorneys Bart Daniel and Matt Austin called the investigation "a fishing expedition." In a statement, they wrote Fulton County investigators have told them Graham is "neither a subject nor a target of the investigation, simply a witness."

  • “Should witnesses choose to challenge an order that they testify before the Special Purpose Grand Jury, the District Attorney will respond in the appropriate court to compel their appearance,” said Jeff DiSantis, a spokesman for the District Attorney, in a statement.

Catch up quick: A Fulton County judge granted subpoena requests on Tuesday for Graham and members of Trump's former legal team, including Rudy Giuliani.

  • Several Georgia state lawmakers who also have been subpoenaed are fighting to limit what investigators can ask them, citing legislative immunity that protects lawmakers from questions about legislative actions.
  • A judge declined to quash the subpoenas but plans to rule on the questioning parameters by next week.

What they're saying: "As chairman of the Senate Judiciary Committee, Sen. Graham was well within his rights to discuss with state officials the processes and procedures around administering elections," wrote Daniel and Austin.

  • The subpoena, they wrote, would "erode the constitutional balance of power and the ability of a Member of Congress to do their job."

Axios' Andrew Solender contributed reporting.

Editor's note: This post was updated with comment from a spokesman for the district attorney.

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