The Supreme Court on Tuesday denied Lindsey Graham's attempt to temporarily stop a subpoena from a grand jury in Georgia that is probing the Republican senator's involvement in the state.
Graham asked the Supreme Court to block the subpoena because his efforts in Georgia were part of his official duties.
The decision was handed down with no dissents.
The speech or debate clause of the Constitution states that lawmakers should not be questioned in any other place for their comments made in Congress. Lawmakers can be protected from being questioned or prosecuted based on their work for the legislative branch. Graham has said that his contacts in Georgia were related to his work as a senator.
The chief justice granted a temporary hold in the tax returns dispute.
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The speech or debate clause is only meant to protect activities which are connected to actual legislative acts of the congressional member, according to the Fulton County district attorney. Graham would be immune from any questions related to his legislative activities, according to county prosecutors.
Graham is being asked to testify by the grand jury about calls he made to Georgia Secretary of State Brad Raffensperger.
The Supreme Court said that lower courts had made it clear that Graham couldn't be questioned about his official legislative duties and that he could bring any disputes over the questioning back to court.
There is no need for a stay or injunction to protect the Senator's Speech or Debate Clause.
According to news reports, Graham suggested that Georgia discard a lot of mail-in ballots for Biden. Graham has denied the accusations. Fulton County prosecutors told the high court that there was a public dispute over what Senator Graham had said during the calls.
The subpoena was put on hold by Associate Justice Clarence Thomas, who handles emergency appeals from Georgia.
The 11th Circuit Court of Appeals ruled in favor of the Fulton County district attorney.
The Supreme Court waves off the fight between Sen. Graham and Georgia.
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