ATLANTA — The Supreme Court on Tuesday cleared the way for U.S. Sen. Lindsey Graham to testify before a Fulton County special grand jury later this month.
In a brief, unsigned order, the high court lifted a temporary stay on the South Carolina Republican’s testimony before the grand jury, which is investigating attempts by former President Donald Trump and his allies to overturn Georgia’s 2020 elections.
Graham is currently scheduled to appear before jurors and Fulton prosecutors on Nov. 17.
The order noted that Graham could still challenge individual questions under the U.S. Constitution’s “speech or debate” clause, and it noted that his broader case was passed along to justices for their consideration. But it could take weeks or months for the court to weigh in, which could be too late given Graham’s testimony date.
A lower court judge ruled in August that Graham could be questioned about matters that are political in nature, including any communications or coordination with the Trump campaign; public statements he made about Georgia’s 2020 elections; and any alleged effort to encourage or cajole Raffensperger to throw out ballots or alter Georgia’s election practices.
Fulton County prosecutors have said they are interested in two phone calls Graham placed to Georgia Secretary of State Brad Raffensperger in the weeks after the election.
Graham has argued that everything related to his conversations with Raffensperger are shielded from questioning under the "speech or debate" clause because they informed his work in Congress.
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