Skip to content Skip to footer

Judge Rejects Lindsey Graham’s Arguments to Avoid Grand Jury Testimony

Fulton County District Attorney Fani Willis has shown “a special need for Senator Graham’s testimony,” the judge said.

Sen. Lindsey Graham participates in a panel discussion on the economy during the America First Agenda Summit, at the Marriott Marquis hotel on July 26, 2022, in Washington, D.C.

A federal judge has rejected a motion from Sen. Lindsey Graham (R-South Carolina) that would have allowed him to avoid testifying before a special grand jury in Fulton County, Georgia, which is investigating attempts by him and other allies to former President Donald Trump to overturn the 2020 presidential election results in the state.

Trump famously told Georgia Secretary of State Brad Raffensperger — who is in charge of supervising elections in Georgia — to “find” him the exact number of votes needed to overturn President Joe Biden’s win in the state, threatening him and his legal counsel with the possibility of legal repercussions if they didn’t do so.

It is illegal in Georgia to try to coerce, command, threaten or otherwise attempt to get a state election official to engage in election fraud.

Graham faces similar questions regarding his involvement in trying to convince Georgia election officials to take actions that would overturn the certified election result on Trump’s behalf. In July, he was subpoenaed, alongside other Trump allies, to speak before a special grand jury assembled by Fulton County District Attorney Fani Willis, but has thus far avoided doing so.

On Monday, U.S. District Judge Leigh Martin May rejected three arguments from Graham’s lawyers that were based on speech and debate protections, as well as protections asserted by the senator that supposedly granted him immunity from having to testify due to his position as a federal lawmaker.

“The Court finds that [Willis] has shown extraordinary circumstances and a special need for Senator Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections,” May wrote in her decision.

In her briefing to the court, Willis asserted that Graham’s testimony to the special grand jury is needed due to the multiple calls he made to Raffensperger and his staff asking that they reexamine absentee ballots in order to “explore the possibility of a more favorable outcome for former president Donald Trump.”

Donald Wakeford, Fulton County’s chief senior assistant district attorney, reiterated the need to hear from Graham in his own brief.

“In the midst of an ongoing recount for the election of Senator Graham’s political ally, he called the official in another state charged with the supervising recount and suggested he change his methods,” Wakeford said.

Many believe that the Georgia investigation is the one most likely to result in an indictment against Trump or members of his inner circle. According to former Watergate prosecutor Nick Akerman, Trump and those loyal to him have “zero defense” for their attempts to change the election result following the former president’s loss to Biden in 2020.

“Once you look at what he said, trying to get Brad Raffensperger to come up with extra votes to make him a winner in Georgia, and put in the context about the January 6th committee has found, I think they have gotten a case beyond a reasonable doubt,” Akerman said in June.

Help us Prepare for Trump’s Day One

Trump is busy getting ready for Day One of his presidency – but so is Truthout.

Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.

Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.

As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.

And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.

In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.

We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.

We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $86,000 in one-time donations and to add 1260 new monthly donors by midnight on December 31.

Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.

If you have the means to make a substantial gift, please dig deep during this critical time!

With gratitude and resolve,

Maya, Negin, Saima, and Ziggy