Judge orders Graham to testify in Atlanta-area Trump probe

May wrote that Senator Graham has unique personal knowledge about the substance and circumstances of the phone calls with Georgia election officials. While other Georgia election officials have made public statements about the substance of the calls, Senator Graham has largely disputed their characterizations of the calls. It is unique to Senator Graham to testify on these issues.

Graham argued that the subpoena was in violation of the Constitution's "speech or debate" clause which protects federal lawmakers from being questioned about their official duties. Graham said that his calls about the election process were related to policy issues that could be construed as official business.

Graham's argument was unpersuasive because there were many areas he could be questioned about that didn't fall under his legislative responsibilities. They are among them.

His knowledge of other groups or individuals involved with efforts to influence the results of Georgia's 2020 election is important to the issue.

Lawyers for Graham in the lawsuit did not respond to a request for comment. The Fulton County District Attorney's office did not respond to a request for comment. It's not clear if Graham will appeal.

Graham had argued in court that his calls to the Georgia Secretary of State were more benign and that he helped the senator vote to certify Joe Biden as the winner of the 2020 election.

May said that Graham wouldn't be able to quash the subpoena if he insisted that his phone calls were part of his official business.

The fact that individuals on the calls have publicly suggested that Senator Graham was not simply engaged in legislative fact finding but was instead suggesting that Georgia election officials change their processes or otherwise potentially alter the state's results is irrelevant.

It would take additional questioning and evidence by the grand jury to determine the nature of Graham's phone calls.

She wrote that if Senator Graham asked the Georgia Secretary of State to take certain actions, it would be permissible. That wouldn't be within the information gathering that Senator Graham claims.