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Judge rules Graham must testify in 2020 election probe in Georgia but limits scope of questions

The ruling means Graham cannot be asked about fact-finding phone calls with Georgia election officials.

Published: September 1, 2022 2:40pm

Updated: September 1, 2022 3:14pm

A federal judge ruled Thursday that GOP Sen. Lindsey Graham must appear before the grand jury in Georgia's Fulton County investigating allegations of efforts to try to overturn 2020 presidential election results.

However, District Judge Leigh Martin May in requiring Graham to appear before the jury also limited the scope of the testimony by the South Carolina senator and President Trump ally. 

Graham has tried unsuccessfully through the courts not to testify.

An appeals court weeks ago asked May to consider modifying Graham's subpoena after she refused to dismiss the order or issue a stay while Graham appealed.

Fulton County District Attorney Fani Willis, the lead prosecutor into Trump's alleged attempts to alter the 2020 election, has said that she wants to question Graham about phone calls he made to state election officials, according to CNN.

"(T)he Court quashes the subpoena only as to questions about Sen. Graham's investigatory fact-finding on the telephone calls to Georgia election officials, including how such information related to his decision to certify the results of the 2020 presidential election," May wrote Thursday in her ruling. "The Court finds that this area of inquiry falls under the protection of the Speech or Debate Clause, which prohibits questions on legislative activity."

May also wrote that "Graham may be questioned about any alleged efforts to encourage [Georgia] Secretary [of State Brad] Raffensperger or others to throw out ballots or otherwise alter Georgia's election practices and procedures."

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