Senator Lindsey Graham leaves the Senate floor following a vote on Capitol Hill in Washington, U.S., September 15, 2022. (REUTERS File Photo)
U.S. Senator Lindsey Graham asked the Supreme Court on Friday to temporarily block a subpoena from a Georgia grand jury investigating efforts to overturn former President Donald Trump's loss in the state in 2020.
An appellate court cleared the way for state prosecutors to call the South Carolina Republican to testify Thursday in the criminal probe. Graham argued that unless the Supreme Court steps in now, he will lose a key constitutional protection provided to members of Congress.
In a statement about the filing, Graham framed the appeal as a broader defense of those "Speech or Debate" protections that prevent lawmakers from being questioned about their official actions.
"If left to stand, the recent ruling would significantly impact the ability of senators to gather information in connection with doing their job," Graham's statement said. "In this case, certifying a contested presidential election."
The application asks the justices for an emergency order that halts him from having to testify while he pursues an appeal of a lower court order to appear. And, if necessary, it seeks to stop the Georgia grand jury from questioning Graham until final resolution of his appeal.
Graham noted in his Supreme Court appeal that he is not the target of the probe, which is a criminal investigation by Fulton County District Attorney Fani Willis. That investigation has also sought testimony from Trump allies such as Rudy Giuliani, John Eastman and Cleta Mitchell.
Graham argued in the filing that the investigators who issued the subpoena intend to ask questions that "undisputedly center on Senator Graham's official acts," and violate those "Speech or Debate" protections.
The appeal comes a day after a three-judge panel of the U.S. Court of Appeals for the 11th Circuit unanimously rejected Graham's effort to delay his testimony while pursuing a broader appeal.
There's no case quite like Graham's, which could break new ground on what lawmakers can be questioned about in the courts.
