Oct 24, 2022 - Politics & Policy

Justice Thomas temporarily blocks Graham's subpoena in 2020 election probe

Sen. Lindsey Graham talks with a reporter at the U.S. Capitol on Sept. 20, 2022. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Supreme Court Justice Clarence Thomas on Monday temporarily blocked a subpoena from an Atlanta grand jury seeking testimony from Sen. Lindsey Graham (R-S.C.) in an investigation of possible criminal efforts to overturn the 2020 election.

State of play: The order, which is an "administrative stay," comes amid Graham's ongoing efforts to avoid giving testimony in a case that has entangled allies of former President Trump.

  • Thomas, who handles emergency requests from Georgia, issued the stay unilaterally.

Catch up quick: Graham filed the emergency request Friday, one day after a federal appeals court ruled that he must testify.

  • He is one of several Republicans accused of pressing Georgia Secretary of State Brad Raffensperger (R) to reverse Trump's 2020 election loss in the state.
  • Graham has argued that his post-election efforts in Georgia count as legislative activity and that they are protected from these types of investigations.
  • The three-judge panel on the Court of Appeals for the 11th Circuit and a lower district court judge said a narrowed scope of questioning by the jury wouldn't violate his rights as a sitting senator.

What's next: A response from the Georgia investigators seeking Graham's testimony is due on Thursday, CNN reports.

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