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'Defies the facts': Fulton County hits back at Lindsey Graham's bid to nix subpoena

Washington Examiner logo Washington Examiner 8/29/2022 Ryan King

The Fulton County District Attorney's Office tore into Sen. Lindsey Graham's (R-SC) bid to quash the subpoena against him, accusing him of defying the facts.

In a court filing last week, Graham implored a judge to deem questions "on all the topics" sought by investigators off-limits because he is shielded by the debate clause in the Constitution. However, in a response motion filed Monday, prosecutors argued his motion to quash was riddled with bad arguments.

GRAHAM CALLS FOR ‘ALL THE TOPICS’ TO BE OFF-LIMITS IN FULTON COUNTY INQUIRY

"The Senator has not identified any protected or privileged information that is 'required' by his subpoena and has instead insisted, not for the first time, that he cannot be subject to questioning in any way," prosecutors wrote in an opposition filing to his motion to quash. "The Senator’s extreme position defies the facts, this Court’s holdings, Supreme Court precedent, and the interests of the public."

Underlying Fulton County's interest in securing Graham's testimony are calls Graham had with Georgia Secretary of State Brad Raffensperger following the 2020 election. Graham has insisted the calls were part of a "legislative fact-finding" mission.

Fulton County investigators disagreed with Graham's belief that the debate clause, which protects legislators from certain law enforcement activity when engaging in legislative duties, shields him from liability. He has insisted that everything investigators sought from him so far relates to actions taken in his capacity as a senator.

Prosecutors pointed to remarks from Raffensperger that Graham urged him to establish a procedure to notify voters about verification problems on signatures of absentee ballots. Raffensperger said Graham seemed "to imply that we could audit all signatures and throw out the ballots from counties that had the highest frequency of error rates."

Fulton County District Attorney Fani Willis (center) and members of her team watch as potential jurors are excused during May 2022 proceedings in Fulton County, Georgia, to look into the actions of former President Donald Trump and his supporters who tried to overturn the results of the 2020 election. (AP Photo/Ben Gray) © Provided by Washington Examiner Fulton County District Attorney Fani Willis (center) and members of her team watch as potential jurors are excused during May 2022 proceedings in Fulton County, Georgia, to look into the actions of former President Donald Trump and his supporters who tried to overturn the results of the 2020 election. (AP Photo/Ben Gray)

"Secretary Raffensperger’s recollection of the Senator’s 'interjection' into Georgia affairs, to say nothing of his recollection of the Senator’s suggestions for discarding ballots from entire counties, does not support the Senator’s characterization of the conversation as a product of his own curiosity or staid, legitimate legislative investigation," prosecutors continued in their motion, filed in the U.S. District Court for the Northern District of Georgia.

Graham is due to respond by Wednesday. He was subpoenaed by the inquiry earlier this summer alongside a handful of key allies of former President Donald Trump.

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Fulton County District Attorney Fani Willis has been investigating whether crimes were committed in Georgia during the aftermath of the 2020 election. She initiated the inquiry last year after audio surfaced of Trump underscoring the need to "find" 11,780 votes during a call with Raffensperger. In May, a special grand jury was impaneled for her inquiry.

Throughout her investigation, Willis has secured testimony from a number of high-profile figures, such as Raffensperger. She also has her sights set on testimony from Gov. Brian Kemp, lawyer Rudy Giuliani, and others. On Monday, a judge denied a motion to quash a Fulton County subpoena against Kemp.

 

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Tags: Fulton County, News, Lindsey Graham, Subpoena, 2020 Elections

Original Author: Ryan King

Original Location: 'Defies the facts': Fulton County hits back at Lindsey Graham's bid to nix subpoena

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