Trump ‘Entanglement’ Weakens Graham Push Against Testifying in Probe, Atlanta D.A. Says
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(Bloomberg) -- US Senator Lindsey Graham’s political “entanglement” with former President Donald Trump undercuts his argument that he can’t be forced to testify before a grand jury investigating possible 2020 election fraud, Atlanta’s district attorney told a judge.
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The South Carolina Republican is seeking to avoid or limit his testimony about calls he made to Georgia Secretary of State Brad Raffensperger while Trump and his allies were trying to overturn Joe Biden’s victory in the key swing state. Graham argues the calls were part of his legislative duties as a senator and therefore protected by the US Constitution’s Speech or Debate Clause.
Fulton County District Attorney Fani Willis said in a Monday filing in federal court in Atlanta that the calls could not be considered legislative activity and pointed to his close, ongoing alignment with Trump.
“The Senator opts to ignore his public entanglement with the political interests of the former president, his campaign, and the claims made by both, entanglement which continues to the present day,” Willis said.
A lawyer for Graham didn’t immediately respond to a request for comment.
Raffensperger has said Graham asked him if there were ways for him to discard certain mail-in ballots. Willis said Monday the senator’s calls should be seen in the context of other events taking place around the same time. Trump was publicly calling for some mail-in ballots to be discarded, and Georgia lawyer Lin Wood filed a lawsuit making the same argument.
Graham has publicly denied Raffensperger’s account of the calls.
Though Willis’s probe is in state court, Graham sued in federal court to make his legislative activity claim. US District Judge Leigh Martin May rejected his argument and ordered him to testify, but a federal appeals court put that order on hold and directed May to hear fresh arguments on the Speech or Debate clause.
Willis said Graham’s latest filing on that argument suggests he expects the judge to “rubber stamp” his conclusions without backing them up.
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