More stories

  • in

    Election Deniers Running for Office

    More from our inbox:The Trump Subpoena Is a MistakeAbduction of Ukrainian Children: An ‘Insidious’ Russian PlaybookBerlusconi’s Affection for Putin‘Stop Eating Animals’ The New York TimesTo the Editor:Re “2020 Election Skeptics Crowd the Republican Ticket Nationwide” (front page, Oct. 15):It is inevitable that many Republican election deniers running for office in November will be elected, especially in red states and districts, but I am just as worried about the election deniers who will lose.Will they accept their losses or, like Donald Trump, refuse to concede and charge that their election was rigged? Even worse, and again emulating Mr. Trump, will they incite their supporters to storm the offices where votes are being tabulated and/or where elections are being certified? This could be especially problematic in districts and states that take a long time to count absentee and mail-in ballots.Democracy requires that losers accept their losses. Unfortunately, 2020 election deniers care more about winning at any price than they do about democracy. I envision violence breaking out at county election boards and state offices from Maine to California. I just hope that local police departments are better prepared than the Capitol Police were on Jan. 6.Richard KaveshNyack, N.Y.The writer is a former mayor of Nyack.To the Editor:The number of election skeptics running should not come as a surprise to anyone. When we allow partisan politicians to gerrymander their states into electorally “safe” districts, the real voting occurs in the primaries. Extremists tend to win in the primaries, so this system almost guarantees that extremists, from both ends of the political spectrum, will be elected.When we send extremists of the left and the right to Washington, no one should be surprised that the process of compromise, so essential for good government, is impossible for them.Until the Supreme Court bars partisans from the electoral mapping process, America will remain stuck in a political quagmire of its own making. In recent times partisans have been barred from this process in countries such as Canada, Britain and Australia. Why can’t we take the same step in America?James TysonTrenton, N.J.To the Editor:In the midst of Covid, America significantly relaxed its voting formalities for 2020, with unrequested mail-in ballots; unsupervised, 24-hour drop boxes; and no-excuse-needed absentee voting. When the G.O.P. suggests that lax voting procedures harmed electoral integrity, they are charged with threatening American democracy. Yet when the G.O.P. attempts to restore pre-Covid voting formalities, the Democrats histrionically scream that American democracy is being threatened by Jim Crow voter suppression.The Times not only fails to challenge this specious Democratic assertion, but also joins the charge.Mike KueberSan AntonioTo the Editor:It seems that there has been one essential question left unasked in this challenging time period for our republic. I would suggest directing it to each and every election-denying Republican who was “elected” on that very same 2020 ballot:If the 2020 election was ripe with fraud, as you claim, and Donald Trump was cheated at the polls, then please explain how your election to office on the very same ballot managed to avoid being tainted as well.I expect the silence to be deafening.Adam StolerBronxTo the Editor:I object to The Times’s use of the term “skeptics” to describe Republican candidates who claim that the 2020 presidential election was fraudulent. Please leave “skeptic” to its proper uses. No one would say a politician who claimed that 2 + 2 = 13 million is a “math skeptic.” There are plenty of suitable words in the dictionary, including “liar” and “loon.”William Avery HudsonNew YorkThe Trump Subpoena Is a MistakeFormer President Donald J. Trump’s legal team could also invoke executive privilege in an attempt to ward off the subpoena.Brittany Greeson for The New York TimesTo the Editor:Re “Trump Is Subpoenaed, Setting Up Likely Fight Over His Role on Jan. 6” (front page, Oct. 22):The decision by the House Jan. 6 committee to subpoena former President Donald Trump to testify is a mistake.Even if he agrees to appear before the committee, Mr. Trump’s behavior is predictable. Based on his inability to accept defeat, and his view of disagreement as something personal that warrants lashing out at the other party, we can expect him to approach the committee as an enemy, deserving nothing but contempt.Based on his past and continuing behavior, we can expect him to be nasty, offensive and obnoxious. Attempting to belittle the committee members individually and as a group, he would make a mockery of the proceedings. Nothing of substance would be accomplished, except to place his personality on public display, which continues to delight his supporters.So the committee should avoid the futile effort and potential embarrassment, and refrain from trying to have Mr. Trump appear before it.Ken LefkowitzMedford, N.J.Abduction of Ukrainian Children: An ‘Insidious’ Russian PlaybookA broken window at a hospital in March in Mariupol, Ukraine. Russian officials have made clear that their goal is to replace any childhood attachment to home with a love for Russia.Evgeniy Maloletka/Associated PressTo the Editor:Re “Taken by Russia, Children Become the Spoils of War” (front page, Oct. 23):The abduction of Ukrainian children into Russian families is more than “a propaganda campaign presenting Russia as a charitable savior.” It follows an insidious playbook used by Soviet leaders after their 1979 invasion of Afghanistan.Thousands of Afghan children were abducted to the Soviet Union to be given a Communist education, so that a new generation of Afghans would be trained to lead a Soviet-sponsored Afghanistan. In 1989, however, Soviet troops were forced from Afghanistan, unable to prevail against Afghans fiercely defending their homeland.Vladimir Putin may very well be repeating past practices, hoping to brainwash Ukrainian children into a love for Russia, and thus preparing them to lead a Russian-dominated Ukraine.But he should learn other lessons from the past instead: that people defending their country are not easily defeated, and that the Soviet failure in Afghanistan upended the Soviet leadership and, ultimately, the Soviet Union itself.Jeri LaberNew YorkThe writer is a founder of Human Rights Watch and the former director of its Europe and Central Asia division.Berlusconi’s Affection for Putin Vladimir Rodionov/SputnikTo the Editor:Re “Berlusconi, Caught on Tape Gushing Over Putin, Heightens Concerns” (news article, Oct. 21):Former Prime Minister Silvio Berlusconi’s talk of “sweet” letters and affection for Vladimir Putin, the barbaric Russian president, is as troubling as the right-wing political party that has ascended to power in Italy, a party in which Mr. Berlusconi has a patriarchal, deeply influential role.But Mr. Berlusconi’s defense of Mr. Putin’s savage invasion of Ukraine is even more sickening and chilling. Woe to Europe and the world if we see any significant scaling back or ultimately an abandonment of financial and military support for Ukraine.Mr. Putin may send Mr. Berlusconi bottles of fine vodka, but the Russian leader’s main exports to the real world are terror, autocracy and death.Cody LyonBrooklyn‘Stop Eating Animals’Lily and Lizzie after being rescued.Direct Action EverywhereTo the Editor:Re “I Took 2 Piglets That Weren’t Mine, and a Jury Said That Was OK,” by Wayne Hsiung (Opinion guest essay, Oct. 21):Mr. Hsiung’s powerful essay reveals the horror of animals being raised for meat. Meat production creates catastrophic global warming and tortures sentient beings. Stop eating animals.Ann BradleyLos Angeles More

  • in

    Running an Election in the Heart of Election Denialism

    Asthaa Chaturvedi and Mike Benoist and Dan Powell, Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | StitcherThis episode contains strong language. Hundreds of candidates on the ballot in November still deny that President Biden won in 2020 — a level of denialism that is fueling harassment and threats toward election workers. Few have experienced those attacks as viscerally as election workers in Arizona. Today, we speak with the top election official in the state’s largest county. On today’s episodeStephen Richer, the recorder of Maricopa County in Arizona. Stephen Richer is the top election official in Maricopa Country, Ariz. Many of the voters in the state doubt the legitimacy of the electoral process.Michael Chow/The Arizona Republic, via Associated PressBackground readingElection officials are on alert as voting begins for midterm elections, the biggest test of the American election system since former President Donald J. Trump’s lies about the 2020 results launched an assault on the democratic process.Over 370 Republican candidates have cast doubt on the 2020 election despite overwhelming evidence to the contrary, according to a New York Times investigation.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Dave Shaw, Sydney Harper, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Anita Badejo, Rob Szypko, Elisheba Ittoop, Chelsea Daniel, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Sofia Milan, Ben Calhoun and Susan Lee.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Desiree Ibekwe, Wendy Dorr, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli, Maddy Masiello and Nell Gallogly. More

  • in

    Tom Brady and Ron DeSantis Are Said to Be on Texting Terms

    OCONOMOWOC, Wis. — Tom Brady, the seven-time Super Bowl champion, has for years been the subject of public affection from former President Donald J. Trump.But according to Tim Michels, the Republican nominee for Wisconsin governor, Mr. Brady is now on texting terms with another Republican seen as a White House contender: Gov. Ron DeSantis of Florida.Mr. DeSantis attended a Green Bay Packers football game last month and spent part of the game texting with Mr. Brady, according to Mr. Michels, who hosted the Florida governor in Green Bay and told supporters in Wisconsin last week about their time together. Mr. Brady first expressed support for Mr. Trump in 2015, when he was quarterback of the New England Patriots. He signed with the Tampa Bay Buccaneers in 2020.“I took Governor DeSantis to the Packer game at Lambeau Field,” Mr. Michels told a gathering of the Lake Country Patriots, a far-right group, on Thursday at a brewery in Oconomowoc, Wis. The New York Times was denied entry to the publicly advertised event, but obtained a recording of Mr. Michels’s remarks.Mr. DeSantis, who on the day of the Packers game had appeared at a rally for Mr. Michels and Senator Ron Johnson of Wisconsin, “had never been to Lambeau Field before and he wanted to go,” Mr. Michels said. “We’re sitting there, you know, we’re watching the game and all of a sudden, I look over and he’s texting and he says, ‘How do you spell Lambeau?’”More on Ron DeSantis and His AdministrationReshaping Florida: Gov. Ron DeSantis, a Republican, has turned the swing state into a right-wing laboratory by leaning into cultural battles.Voter Fraud: A crackdown on voter fraud announced by Mr. DeSantis seems to have ensnared former felons who were puzzled that they were accused of violating voting laws.Migrant Flights: The governor’s move to fly migrants to Martha’s Vineyard from Texas, which appears to be part of a political strategy to lay the groundwork for a 2024 presidential bid, is under criminal investigation.Heir to Trump?: Mr. DeSantis has been signaling his desire to take over former President Donald J. Trump’s political movement. But is that what Republican voters want?Mr. Michels continued: “I say, ‘Who are you texting with?’ He says, ‘I’m texting with Tom Brady.’ The governor of Florida gets to text with Tom Brady.”Mr. Michels added, “I’m hoping that when I’m governor of Wisconsin, I can text Aaron Rodgers,” the longtime Packers quarterback.What Mr. DeSantis and Mr. Brady were discussing by text, beyond the governor’s location at that moment, remains a mystery. Representatives for Mr. Brady did not respond to requests for comment. A DeSantis spokeswoman declined to comment.There’s a bit to unpack here.In September 2015, Mr. Brady was among the first mainstream celebrities to promote Mr. Trump’s presidential candidacy. He was spotted with a red “Make America Great Again” hat in his locker and said “it would be great” if Mr. Trump, a longtime golfing partner, took the White House.But Mr. Brady — perhaps at the suggestion of his wife, Gisele Bündchen, who said she and her husband did not vote for Mr. Trump in 2016 — later kept his distance. When the Patriots won the Super Bowl in 2017, Mr. Brady did not attend the subsequent reception at the White House.Mr. Brady and Ms. Bündchen have in recent weeks reportedly hired divorce lawyers.Then there’s the idea that Mr. DeSantis, a Harvard- and Yale-educated former college athlete who has privately teased a 2024 presidential run, needed help spelling the name of the most storied stadium in the National Football League — and a hallowed place for many voters in a critical presidential battleground state. At least Mr. DeSantis didn’t need help pronouncing Lambeau, a name that has tripped up past presidential aspirants.For Mr. Michels, whose campaign also did not respond to inquiries about his remarks, it is good but perhaps risky politics to seek a friendship with Mr. Rodgers, himself a Super Bowl-winning quarterback (albeit only once, to the consternation of much of Wisconsin) who is unquestionably the most popular figure in the state.Mr. Rodgers, like Mr. Brady, has dabbled in politics with some complications. In 2011, he supported unionized public school teachers in their fight with Gov. Scott Walker. Later, he said the quarterback Colin Kaepernick belonged in the N.F.L. after Mr. Trump called for his banishment for kneeling during the pregame playing of the national anthem to protest police violence against Black people.But last year, Mr. Rodgers, who refused to be vaccinated against Covid, became a source of misinformation about the vaccines. That made him a hero to Wisconsin’s fellow vaccine skeptics, in particular Senator Johnson, who thanked him “for his courage in defending personal freedom and health autonomy.”This month, Mr. Johnson campaigned with Packers fans while wearing Mr. Rodgers’s jersey.Mr. Michels, who is locked in a tight battle with Gov. Tony Evers, a Democrat, was with Mr. Johnson outside Lambeau Field, though he was conspicuous in his lack of Packers gear. A local Democrat pointed out that Mr. Michels, a Wisconsin native who spent more than a decade living in Connecticut and Manhattan before moving back home to run for governor, was wearing a green vest that was the shade worn by the visiting Jets, not the hometown Packers. More

  • in

    How Trump Could Resist the Jan. 6 Panel’s Subpoena

    If the ex-president turns down the drama of testifying, his legal team could mount several constitutional and procedural arguments in court.WASHINGTON — If former President Donald J. Trump decides to fight the subpoena issued to him on Friday by the House committee investigating his attempts to overturn the 2020 election, his lawyers are likely to muster a battery of constitutional and procedural arguments for why a court should allow him not to testify.In the most basic sense, any legal arguments seeking to get Mr. Trump off the hook would merely need to be weighty enough to produce two and a half months of litigation. If Republicans pick up enough seats in the midterm elections to take over the House in January, as polls suggest is likely, they are virtually certain to shut down the Jan. 6 committee, a move that would invalidate the subpoena.The issues raised by the extraordinary subpoena, which the panel announced at a hearing last week, are too complex to be definitively resolved before a potential change of power in the House, said Mark J. Rozell, a George Mason University professor and author of “Executive Privilege: Presidential Power, Secrecy and Accountability.”“We are in a constitutional gray area here where there is no clear guidance as to exactly what should happen,” Mr. Rozell said. “That gives the former president some leeway to put forward various creative legal arguments and ultimately delay the process until it doesn’t matter anymore.”Several former presidents have voluntarily testified before Congress, including Theodore Roosevelt, William Howard Taft, Herbert Hoover, Harry S. Truman and Gerald Ford. But there is no Supreme Court precedent that says whether Congress has the power to compel former presidents to testify against their will about their actions in office.There are two historical precedents, but neither generated court rulings. In 1846, the House subpoenaed two former presidents, John Quincy Adams and John Tyler, for an investigation into allegations of misspending by a secretary of state. According to a Congressional Research Service report, Tyler testified and Adams submitted a deposition.A subpoena of testimony from Harry S. Truman was eventually dropped by the House after he refused to honor it.The New York TimesAnd in 1953, the House Committee on Un-American Activities subpoenaed Truman. But while he later voluntarily testified before Congress on other topics, Truman refused to honor the committee’s subpoena, claiming that as a former chief executive he was immune from compelled testimony by the legislative branch. The House let the matter drop.One open question, then, is whether Truman was right. Should Mr. Trump’s legal team choose to argue that he was, one Supreme Court precedent could prove relevant: In 1982, the court ruled that former presidents are immune from being sued for damages over official decisions they made while in office.In that case, Nixon v. Fitzgerald, the majority reasoned that presidents must be able to perform their constitutional duties without being inhibited by the fear that a decision could risk making them liable to pay civil damages after they leave office. The question in Mr. Trump’s case would be whether a president could be similarly hindered by a fear of being forced to testify in front of Congress.Mr. Trump’s legal team could also invoke executive privilege in an attempt to ward off the subpoena. In another case involving Richard Nixon, the Court of Appeals for the D.C. Circuit ruled in 1974 that a Senate committee investigating the Watergate scandal could not force Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.The appeals court ruled that the Senate’s need for the tapes was not enough to overcome the presumption of confidentiality guarding the presidential decision-making process. That general confidentiality is important, courts decided, so that presidents can receive candid advice from their aides about how best to carry out their constitutional functions.(More famously, about three months later, the Supreme Court upheld a subpoena by the Watergate prosecutor for the tapes, citing the greater need for them in a criminal proceeding. Soon after, Nixon resigned to avoid being impeached.)Unlike Nixon in 1974, however, Mr. Trump is now a former — not a sitting — president, and his claims to executive privilege would be weaker. The current officeholder, President Biden, who has greater authority to invoke or withhold executive privilege, might not support him..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Notably, Mr. Biden declined to support an earlier attempt by Mr. Trump to invoke executive privilege to keep the Jan. 6 committee from subpoenaing the National Archives for White House records. The Supreme Court, ruling against Mr. Trump, declined to block the subpoena, although it did so in a way that left unresolved the scope of an ex-president’s powers under executive privilege.Still, courts might view forcing a former president to show up at the Capitol and testify under oath differently than obtaining documents. Mr. Biden might also be more reluctant to establish a precedent that could help a Republican-controlled Congress subpoena him for testimony.Mr. Trump could also try to mount a procedural argument that the subpoena is invalid.That tactic has been used by nearly 30 people — among them, former aides to Mr. Trump — who have filed lawsuits seeking to quash subpoenas from the Jan. 6 committee. Many of these witnesses have argued the panel was improperly constituted and the subpoenas are insufficiently connected to writing laws.The first argument goes like this: The House resolution authorizing the committee envisioned that Speaker Nancy Pelosi would appoint 13 members, including five in consultation with Republican leadership. But the panel has only nine members, and neither of its two Republicans — Liz Cheney of Wyoming and Adam Kinzinger of Illinois — were endorsed by the minority leader, Representative Kevin McCarthy of California, who boycotted the process after Ms. Pelosi rejected several of his choices.As for the second, lawyers for the witnesses have argued that the subpoenas were not sent with the goal of assisting Congress in its role in drafting laws, but rather as a politically motivated fishing expedition for embarrassing information about Mr. Trump.In 1974, a Senate committee investigating the Watergate scandal could not force Richard Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.Eddie Hausner/The New York TimesMost of the lawsuits challenging the subpoenas on these — and other — grounds are still working their way through the courts. But in May, a federal judge in Washington dismissed both of the arguments claiming the subpoenas were invalid in a case the Republican National Committee brought against the panel.That ruling, however, was vacated several months later by the Court of Appeals for the D.C. Circuit after the committee dropped its subpoena for the Republican National Committee.A Federal District Court judge also rejected claims that the committee’s subpoenas were invalid in the criminal prosecution of Stephen K. Bannon, a former adviser to Mr. Trump, who was sentenced to four months in prison on Friday for defying a subpoena from the House panel.In a ruling in the case, Judge Carl J. Nichols, a Trump appointee, noted that the full House had voted to hold Mr. Bannon and others who defied subpoenas in contempt, indicating that the body viewed the committee’s subpoena as valid. Judge Nichols said courts must defer to the House’s interpretation of its own rules, so he “cannot conclude as a matter of law that the committee was invalidly constituted.”Still, rulings by district court judges are not definitive precedents, leaving much to litigate.It also remains unclear which route to court a fight over the Trump subpoena could take. Mr. Trump might file his own suit asking a judge to quash it. Or he could wait for the House to try to enforce its subpoena.One way for that to happen would be for the full chamber to vote on whether to hold him in contempt and to refer the matter to the Justice Department for potential criminal prosecution, as it did for Mr. Bannon.It would then be up to Attorney General Merrick B. Garland to decide whether to bring a criminal charge. The Jan. 6 committee could also file its own lawsuit against Mr. Trump seeking a judicial order that he comply. In August 2019, for example, the House Judiciary Committee sued Mr. Trump’s former White House counsel, Donald F. McGahn II, who at Mr. Trump’s direction defied its subpoena seeking his testimony about Mr. Trump’s obstruction of the Russia investigation.The lawsuit set off a series of convoluted legal fights over constitutional issues and was still pending even when Mr. Biden became president in January 2021. That underscores the lack of time for extended litigation in Mr. Trump’s case.Aides to Mr. Trump have said that he has weighed whether to testify, but only under the condition that it be live and on television. That would deprive the committee of controlling what gets seen or from releasing only selected excerpts.Mr. Rozell said that was not surprising.“If Trump is going to go out there and make himself vulnerable, he’s going to do it in a public way,” he said. “It’s going to be a Trump show, and he’ll be playing to his own crowd. At that point, legal argument and nuances would be out the window.” More

  • in

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

    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

  • in

    Lindsey Graham Must Testify in Georgia Elections Inquiry, Court Rules

    A federal appeals court ruled that the senator must appear before the special grand jury that is investigating efforts to overturn Donald J. Trump’s election loss in Georgia.ATLANTA — A federal appeals court ruled on Thursday that Senator Lindsey Graham must appear before the special grand jury that is investigating efforts by former President Donald J. Trump and his allies to overturn Mr. Trump’s election loss in Georgia, although the court set limits on the kinds of questions Mr. Graham could be asked.The ruling means that Mr. Graham, at some date after the Nov. 8 midterm elections, will most likely have to travel to the Fulton County courthouse in downtown Atlanta to answer questions about phone calls he made to the Georgia secretary of state, Brad Raffensperger, in the weeks after the 2020 election.In a court document issued this summer, Judge Robert C.I. McBurney of Fulton County Superior Court wrote that Mr. Graham, in the course of those phone calls, “questioned Secretary Raffensperger and his staff about re-examining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump.”Neither Mr. Graham’s media representative nor his lawyers could be reached for comment on Thursday, and a spokesman for Fani T. Willis, the Fulton County district attorney, declined to comment. But the six-page ruling, from the U.S. Court of Appeals for the 11th Circuit in Atlanta, is a blow for Mr. Graham, the South Carolina Republican who transformed from a critic of Mr. Trump to an avid fan and his golfing partner over the course of Mr. Trump’s one term in office.Mr. Graham’s lawyers have argued that the senator made the calls to Mr. Raffensperger because he needed to “run down allegations of irregularities in Georgia” before he voted to certify that President Biden was the legitimate winner of the presidential election. The lawyers also said, among other things, that Mr. Graham was reviewing election-related issues in his role as chair of the Senate Judiciary Committee at the time.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More