Supreme Court clears way for Graham testimony in Georgia

The Supreme Court on Tuesday lifted a temporary hold on Sen. Lindsey Graham's testimony in a Georgia investigation of possible illegal interference in the 2020 election by then- President Donald Trump and his allies in the state

There were no legal obstacles in the way of Graham's appearance before the grand jury.

The justices noted that Graham could object to some questions.

The speech and debate clause of the constitution protects the South Carolina senator from having to testify.

The district attorney told the justices that a stay would be harmful to the grand jury investigation.

The lower courts had turned down Graham's request for a pause.

Justice Clarence Thomas put a temporary hold on the testimony while he and his colleagues considered the arguments.

In July, Graham was subpoenaed for the first time. Shortly after a recording of a phone call between Trump and Georgia's Secretary of State was made public, the district attorney began her investigation. Trump suggested that the votes needed to overturn his narrow loss to Biden could be found by Raffensperger.

In the weeks after the election, Graham and his staff received two phone calls from him.

In order to explore the possibility of a more favorable outcome for former President Donald Trump, Graham asked about "reexamining certain Absentee Ballots cast in Georgia in order to explore the possibility of a more favorable outcome."

There are allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign. Graham may be able to provide insight into the extent of any coordinated efforts to influence the results.

Graham asked if he thought it was a good idea to toss out legally cast votes. Graham thinks that interpretation is ridiculous. Graham argued that the call was protected because he was asking questions to inform his decisions about certifying the 2020 election and future legislation.

Lower courts have told her that she can't ask about investigatory conduct.

The courts have held that Senator Graham may not be questioned about such activities, so the justices decided not to intervene.

If there is a dispute over the questioning in front of the grand jury, he can go back to federal court.

The rest of the court was involved in Tuesday's order because Thomas initially dealt with Graham's appeal.

Despite the involvement of the justice's wife, Virginia "Ginni" Thomas, in efforts to question Trump's defeat, Thomas did not step aside from the case.

While attending the "Stop the Steal" rally on the Ellipse in January, she wrote a letter to the White House chief of staff encouraging him to work to overturn the election of Joe Biden.

There is no evidence that she contacted Georgia officials after the election.

Despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even Trump's own attorney general have all supported the false claim that the 2020 election was fraudulent, Thomas stood by it.