Graham’s attorneys have argued that the calls were made as part of his legislative duties and that the speech or debate clause gives him absolute protection from having to testify.
United States Sen. Lindsey Graham, R-S.C., addresses business leaders during a congressional conversation sponsored by the South Carolina Chamber of Commerce, Thursday, Aug. 18, 2022, in Columbia, S.C. – Sen. Lindsey Graham is holding up the Constitution's “speech or debate” clause as a shield as he tries to avoid testifying before a special grand jury that’s investigating whether former President Donald Trump and others tried to illegally influence the 2020 election in Georgia.
The legal back-and-forth has already delayed Graham's testimony, which had been been set for Tuesday.Under Article I of the Constitution, “for any Speech or Debate in either House,” senators and U.S. House members “shall not be questioned in any other place.” Simply, the provision — “approved at the Constitutional Convention without discussion and without opposition,” the U.S.
, Graham attorney Brian Lea argued that the senator's responsibility to decide whether to vote to certify Georgia's election results, coupled with his shepherding of election-related legislation, made the calls part of his legislative duties.Prosecutors have argued that the calls are just their starting point.
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