Judge denies Graham's request to stay order to appear before 2020 election grand jury

Delay poses "significant risk" of handicapping grand jury's investigation, judge claims.
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Lindsey Graham, Aug. 7, 2022
Lindsey Graham, Aug. 7, 2022
(Drew Angerer/Getty)

A federal judge this week refused to stay her own order to compel South Carolina Sen. Lindsey Graham to appear before a grand jury pursuant to investigations into alleged criminal conduct during the 2020 election. 

Graham has been subpoenaed to appear before a grand jury in Fulton County, Ga., one that is investigating alleged “attempts to disrupt the lawful administration of the 2020 elections in the State of Georgia.”

The senator had asked U.S. District Judge Leigh Martin May to dismiss the order, but May refused; Graham appealed that order to the 11th U.S. Circuit Court of Appeals and asked May to stay her order while that is under appeal, which she also refused to do. 

"Under the circumstances, further delay of Senator Graham’s testimony would greatly compound the overall delay in carrying out the grand jury’s investigation," May said, arguing that "further delay thus poses a significant risk of overall hindrance to the grand jury’s investigation."

Fulton County Superior Court Judge Robert McBurney last month ordered Graham to testify before the jury because he allegedly “possesses unique knowledge”about election disputes in Fulton County following the election.