Last week, Supreme Court Justice Clarence Thomas temporarily halted a lower court’s order compelling Senator Lindsey Graham to testify in the Fulton County, Georgia 2020 election investigation.
Graham had filed a request with the Supreme Court the previous week to block a subpoena from the Atlanta grand jury investigating the alleged efforts to overturn the Georgia election results after the 11th Circuit Court of Appeals denied his bid to block a federal court order compelling him to provide grand jury testimony.
In the filing to the Supreme Court, Graham’s attorney, Donald McGhan, argued that the senator would “suffer the precise injury he is appealing to prevent,” namely being questioned about his legislative activity and official actions in a state court. A three-judge panel from the 11th Circuit Court of Appeals had previously rejected Graham’s attempt to block a subpoena from Fulton County’s Democrat District Attorney Fani Willis.
Senator Graham has maintained that as a sitting senator, he has the privilege to be shielded from these types of investigations. Unsurprisingly, the Trump-hating media was outraged by Thomas’ temporary stay, with Resistance types writing furious op-eds claiming that Justice Thomas should have recused himself from the case because of his wife’s involvement in “trying to overturn the election.”
Cry harder. Justice Thomas imposed the temporary stay pending a final determination by the Court. Thomas, who oversees proceedings originating from the 11th Circuit Court, asked Fulton County officials to respond to Senator Graham’s emergency request by Thursday, October 27.
In her response to the Supreme Court, DA Fani Willis argued that delaying Graham’s testimony “would be unavoidably harmful to the administration” of the grand jury’s investigation.
And on Tuesday, the full Supreme Court rejected Senator Graham’s request to block the subpoena. In the unsigned order, the Court said District Attorney Fani Willis can continue her investigation and Graham must testify.
The grand jury testimony is scheduled for November 17and is set to expire in April.