Lindsey Graham will not cooperate with an ongoing investigation in Fulton County, Georgia, into the 2020 election and former President Donald Trump's attempts to overturn the results.
There will be a confirmation hearing on Capitol Hill.
Graham is not a target or subject of the investigation, according to his attorneys.
The lawyers for the senator said that the subpoena would erode the constitutional balance of power and the ability of a member of congress to do their job.
The attorneys said any information Graham gave to the Fulton County investigators would be shared with the House January 6 Committee, which is conducting a separate investigation into the post- election period.
According to subpoenas reported on Wednesday by the Atlanta Journal-Constitution, Graham asked the Secretary of State about potential issues with Georgia's signature matching requirements after the election.
The Washington Post reported that the senator appeared to suggest that he find a way to toss legally cast ballots.
Graham said he was only trying to better understand the state's signature requirements when he called.
Daniel and Austin said that Senator Graham was within his rights to discuss with state officials the processes and procedures for administering elections.
He asked if the ballots could be matched back to the voters. If you look at the counties with the highest number of errors of signatures, you could throw those out. That is the impression I received.
The district attorney in Fulton County convened a grand jury in May to look into whether Trump violated state law when he tried to overturn the election of Joe Biden. Trump had a call with the secretary of state in which he asked him to find enough votes to win the election. It is the first time in the history of the investigation that people in Trump's circle have been subpoenaed. Far-right attorneys have also been called to testify, including Graham. Graham is one of a number of Trump allies who have refused to comply with congressional subpoenas.
The Georgia grand jury is investigating Trump's efforts to overturn the election.
There is an investigation going on in Georgia as the district attorney prepares a grand jury.
The Georgia secretary of state says he is being pressured to exclude ballots.
Georgia's secretary of state says Lindsey Graham wanted to throw away the ballots.
A person familiar with the inquiry says that Graham's call with Raffensperger will be looked at.
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