The Speech and Debate Clause does not apply to the senator's subpoena to testify before a grand jury in Fulton County Georgia.
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The Supreme Court on Tuesday cleared the way for a Georgia grand jury to question Sen. Lindsey Graham, a Republican from South Carolina, about his phone calls after the 2020 election to Georgia Secretary of State Brad Raffensperger and his staff. In an unsigned one-page order, the justices rejected Graham’s plea to block a subpoena from Fulton County District Attorney Fani Willis, although they left open the possibility that Graham could return to court to challenge specific questions from the grand jury.
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The application for stay and an injunction pending appeal presented to Justice Thomas and by him referred to the Court is denied. The order heretofore entered by Justice Thomas is vacated.
The lower courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged in constitutes legislative activity protected by the Speech or Debate Clause, U. S. Const. Art. I, §6, cl. 1, and they held that Senator Graham may not be questioned about such activities. The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. Accordingly, a stay or injunction is not necessary to safeguard the Senator’s Speech or Debate Clause immunity.
