Associate Supreme Court Justice Clarence Thomas issued a ruling Monday temporarily blocking a Georgia subpoena targeting Republican South Carolina Sen. Lindsey Graham.
Fulton County District Attorney Fani Willis sought Graham’s testimony about the senator’s conversations with Georgia Secretary of State Brad Raffensperger in the aftermath of the 2020 election. Graham skipped an August court appearance in the state, and vowed to fight the subpoena all the way to the Supreme Court. The ruling overturns one from federal judge of the Northern District of Georgia Leigh Martin May, who previously ordered Graham to testify.
Thomas’ ruling goes into effect “pending further order of the undersigned or of the Court.”
Justice Thomas temporarily halts Sen. Graham’s grand jury questioning in Georgia 2020 election investigation. Would expect full #SCOTUS to weigh in soon. Background: https://t.co/OKwT1P4VUC pic.twitter.com/duho4g0OJN
— Kimberly Robinson (@KimberlyRobinsn) October 24, 2022
The Eleventh U.S. Circuit Court of Appeals blocked May’s order Aug. 21, but the district court judge reinstated it on Sept. 1. Willis and her team have until Thursday to respond to Thomas’ stay, according to Bloomberg Law reporter Kimberly Robinson. (RELATED: Lindsey Graham Asks Supreme Court To Shield Him From Subpoena In Georgia Election Interference Investigation)
Graham’s office did not immediately respond to the Daily Caller’s request for comment on the matter.
Graham and his attorneys argued that the Constitution’s Speech and Debate Clause prohibits Willis from questioning him about a conversation he had with Raffensperger in November 2020. According to Raffensperger and Georgia elections staffer Gabriel Sterling, Graham asked if Raffensperger had the authority to exclude ballots from being counted. Graham pushed back, saying that he asked how the state verifies signatures included on mail-in ballots.
The Speech and Debate Clause prohibits members of Congress from “Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.” Constitutional law experts have broadly interpreted the clause to mean that members can not be sued or charged for activities taken in their official duties as elected officials.