On Friday (August 19), U.S. District Judge Leigh Martin May rejected Sen. Lindsey Graham’s (R-S.C.) motion to delay testifying before a Georgia grand jury.
Graham has been subpoenaed to appear before a grand jury investigating former President Donald Trump’s attempts to have fake electors certified to the electoral college.
The South Carolina Republican’s lawyers asked May to grant a temporary block on an order she issued earlier in the week. May ruled against the bid, stating Graham should not be granted a stay from the grand jury subpoena issued by the Fulton County district attorney, Fani Willis.
Willis had initially issued the subpoena against Graham last month, seeking to get information from phone conversations the South Carolina Senator had with elections following the 2020 Presidential election Election Day.
In her ruling, May explains the reasoning for denying the stay. She writes the stay isn’t justified given the weight of factors. May also explains that denying the stay is in the public interest, further substantiating that granting it would cause material injury to the probe.
In his bid to delay his testimony, Graham argues that the Constitution’s Speech and Debate Clause, a rule preventing members of Congress from testifying in court about their legislative work, would quash the subpoena.
Yet, on Monday (August 15), in a separate ruling, May stated this argument is unpersuasive.
During her Friday ruling, May also expressed that Graham would suffer “irreparable injury” if his argument against the subpoena is valid, but emphasized that his request for a stay is “not a matter of right.”
