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    Senator Graham Asks Supreme Court to Spare Him From Testifying in Georgia

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    Mr. Graham has been fighting a subpoena requiring him to appear before a special grand jury examining efforts to overturn former President Donald J. Trump’s election loss.ATLANTA — Senator Lindsey Graham asked the Supreme Court on Friday to stay a lower court’s order that would force him to testify before a special grand jury investigating efforts to overturn former President Donald J. Trump’s election loss in Georgia.The appeal by Mr. Graham, the South Carolina Republican and Trump confidant, is the latest in a protracted legal fight that he has been waging to defy a subpoena requiring him to answer questions before the special grand jury in Atlanta. Dozens of witnesses have already testified in the secret proceedings. Some, including Rudolph W. Giuliani and several other lawyers aligned with Mr. Trump, have tried unsuccessfully to avoid traveling to Atlanta to do so.But none has fought as long or as hard as Mr. Graham, who was subpoenaed in July. Soon after, he had the matter moved to the federal court system, arguing that forcing him to testify would raise constitutional issues. He pointed to the Constitution’s Speech and Debate Clause, which says that members of Congress cannot be questioned on matters pertaining to their legislative duties.On Thursday, the U.S. Court of Appeals for the 11th Circuit in Atlanta rejected the argument that the Speech and Debate Clause fully shielded Mr. Graham from having to testify. Mr. Graham responded with an emergency application on Friday, asking the Supreme Court for a stay while he appeals the ruling, and, if necessary, a ruling enjoining the special grand jury from questioning him until the appeal is resolved. The filing notes that Mr. Graham was issued a fresh subpoena on Friday compelling him to testify on Nov. 17.“Without a stay, Senator Lindsey Graham will soon be questioned by a local Georgia prosecutor and her ad hoc investigative body about his protected ‘Speech or Debate’ related to the 2020 election,” Mr. Graham’s lawyers wrote in the filing. “This will occur despite the Constitution’s command that Senators ‘shall not be questioned’ about ‘any Speech or Debate.’”Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

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      Judge Says Lindsey Graham Can Be Questioned About Election Activity

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      Prosecutors in Atlanta have called the Republican senator to testify before a special grand jury investigating efforts by Donald J. Trump and his allies to overturn his election loss.ATLANTA — In a setback for Senator Lindsey Graham, a federal judge ruled on Thursday that prosecutors can ask him about certain elements of his November 2020 phone calls with Brad Raffensperger, the Georgia secretary of state. Mr. Raffensperger has said that in those calls, Mr. Graham suggested rejecting mail-in votes in the presidential election from counties with high rates of questionable signatures.The order from U.S. District Judge Leigh Martin May must now be taken up for consideration by the 11th Circuit Court of Appeals. It is the latest twist in a protracted legal drama in which Mr. Graham has sought to avoid appearing before a special grand jury in Atlanta that is investigating efforts by Donald J. Trump and his allies to overturn Mr. Trump’s narrow loss in the state in 2020.Mr. Graham’s phone calls to Mr. Raffensperger were followed, weeks later, by a call from Mr. Trump himself, who asked Mr. Raffensperger to “find” 11,780 votes to put him over the top.Mr. Graham has argued that he should not have to comply at all with a subpoena to testify before the special grand jury. His lawyers raised issues of sovereign immunity and the fact that Mr. Graham is “a high-ranking government official.”Judge May rejected those arguments in a ruling in mid-August. But a week later, the appellate court asked the judge to determine whether limits should be applied to Mr. Graham’s testimony, based on the U.S. Constitution’s Speech or Debate clause, which protects lawmakers from being questioned about their legitimate legislative functions.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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      Lindsey Graham Resists Testifying in Trump Investigation in Georgia

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      ATLANTA — Six days after major news organizations declared Donald J. Trump the loser of the 2020 presidential election, his allies were applying a desperate full-court press in an effort to turn his defeat around, particularly in Georgia.The pro-Trump lawyer Sidney Powell went on television claiming that there was abundant evidence of foreign election meddling that never ultimately materialized. Another lawyer, L. Lin Wood, filed a lawsuit seeking to block the certification of Georgia’s election results.That same day, Nov. 13, 2020, Senator Lindsey Graham, the South Carolina Republican and one of Mr. Trump’s most ardent supporters, made a phone call that left Brad Raffensperger, Georgia’s Republican secretary of state, immediately alarmed. Mr. Graham, he said, had asked if there was a legal way, using the state courts, to toss out all mail-in votes from counties with high rates of questionable signatures.The call would eventually trigger an ethics complaint, demands from the left for Mr. Graham’s resignation and a legal drama that is culminating only now, nearly two years later, as the veteran lawmaker fights to avoid testifying before an Atlanta special grand jury that is investigating election interference by Mr. Trump and his supporters.Mr. Graham has put together a high-powered legal team, which includes Don F. McGahn II, a White House counsel under Mr. Trump. While Mr. Graham’s lawyers say that they have been told that he is only a witness — not a target of the investigation — that could change as new evidence arises in the case, which is being led by Fani T. Willis, the district attorney of Fulton County, Ga. Her efforts to compel Mr. Graham to testify have been aided by legal filings from a number of high-profile, outside attorneys, including William F. Weld, a Trump critic and former Republican governor of Massachusetts.Brad Raffensperger, the Georgia secretary of state, center, during a hearing by the House Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol.Shuran Huang for The New York TimesUnderscoring the risks for Mr. Graham, lawyers for 11 people who have been designated as targets who could face charges in the case have said that they were previously told that their clients were only “witnesses, not subjects or targets,” according to court filings.On Sunday, the U.S. Court of Appeals for the 11th Circuit temporarily blocked Mr. Graham from testifying and directed a lower court to determine whether he was entitled to a modification of the subpoena based on constitutional protections afforded to members of Congress. After that, the appeals court said, it will take up the issue “for further consideration.” The matter is now back before Leigh Martin May, a Federal District Court judge who already rejected Mr. Graham’s attempt to entirely avoid testifying; she asked the sides to wrap up their latest round of legal filings by next Wednesday. It seems increasingly likely that Mr. Graham will testify next month.Ms. Willis has said that she is weighing a broad array of criminal charges in her investigation, including racketeering and conspiracy. She has already informed at least 18 people that they are targets, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer. Mr. Giuliani fought to avoid testifying in person but was forced to appear before the grand jury last week.Regarding Mr. Graham, Ms. Willis’s office is seeking to learn more about his role in Mr. Trump’s post-election strategy, and who he spoke to on the Trump campaign team before or after he called Mr. Raffensperger. While Mr. Trump assailed Mr. Raffensperger on Twitter as a “so-called Republican” on the same day as that call, Mr. Graham told CNN that the former president did not encourage him to place the call.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More