A federal appeals court has temporarily paused an order that would have required Sen. Lindsey O. Graham (R-S.C.) to testify before a Georgia grand jury investigating Republican efforts to reverse the 2020 presidential election results in the state.
Graham had formally appealed a judge’s order requiring him to testify Tuesday, saying doing so would cause “irreparable harm” that would be “in contravention of his constitutional immunity.”
The U.S. Court of Appeals for the 11th Circuit on Sunday temporarily put his appearance on hold, asking a lower court to consider whether Graham should be protected from answering some questions about his official duties as a U.S. senator.
The legal maneuvering is the latest sign of tension between prosecutors and high-profile witnesses in the Fulton County district attorney’s expansive criminal probe of alleged election interference by former president Donald Trump and his allies. After seeking repeated delays, Rudy Giuliani, Trump’s former lawyer, testified for six hours last week.
The panel has heard testimony from Georgia Secretary of State Brad Raffensperger (R) and his staff, Georgia Attorney General Christopher M. Carr (R), state lawmakers and local election workers. The state’s Republican governor, Brian Kemp, filed a 121-page motion last week seeking to kill a subpoena requiring his testimony.
Graham has called the Georgia inquiry “a fishing expedition” and argued that the constitution’s “speech or debate clause” protects lawmakers...
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