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Clarence Thomas freezes order for Lindsey Graham to testify before Georgia grand jury

U.S. Sen. Lindsey Graham (R-SC) attends a press conference at the U.S. Capitol on Aug. 5, 2022 in Washington, DC.
Kevin Dietsch / Getty Images
U.S. Sen. Lindsey Graham (R-SC) attends a press conference at the U.S. Capitol on Aug. 5, 2022 in Washington, DC.
SOURCE: Kevin Dietsch / Getty Images
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Clarence Thomas freezes order for Lindsey Graham to testify before Georgia grand jury
Justice Clarence Thomas on Monday agreed to temporarily freeze a lower court order requiring the testimony of Republican Sen. Lindsey Graham in front of an Atlanta-area special grand jury that is investigating efforts to overturn the 2020 presidential election in the state.Thomas acted alone because he has jurisdiction of the lower court that issued the original order.Thomas' move is an administrative stay that was most likely issued Monday to give the Supreme Court justices more time to consider the dispute.The court has asked for a response from the Georgia investigators by Thursday.Fulton County District Attorney Fani Willis is spearheading a special grand jury investigation into Trump-aligned efforts to manipulate the results of the 2020 election in Georgia. She has indicated that she would like to question Graham on calls he made to election officials in Georgia after the election.The South Carolina Republican senator is arguing that such testimony is foreclosed by the Constitution's Speech or Debate clause, which shields legislators from certain law enforcement action for conduct connected to their legislative duties.Lower courts had said that, to the extent Graham was making the calls to the Georgia election officials as part of fact-finding for the congressional certification of President Joe Biden's win, that could be out of bounds under the Constitution. But the 11th U.S. Circuit Court of Appeals had said that "communications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to 'cajole' or 'exhort' Georgia election officials" are not legislative activities protected by the Speech and Debate Clause."Willis' probe recently secured the grand jury testimony of former Georgia Republican Sen. Kelly Loeffler and former White House Counsel Pat Cipollone, CNN reported last week.

Justice Clarence Thomas on Monday agreed toa lower court order requiring the testimony of Republican Sen. Lindsey Graham in front of an Atlanta-area special grand jury that is investigating efforts to overturn the 2020 presidential election in the state.

Thomas acted alone because he has jurisdiction of the lower court that issued the original order.

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Thomas' move is an administrative stay that was most likely issued Monday to give the Supreme Court justices more time to consider the dispute.

The court has asked for a response from the Georgia investigators by Thursday.

Fulton County District Attorney Fani Willis is spearheading a special grand jury investigation into Trump-aligned efforts to manipulate the results of the 2020 election in Georgia. She has indicated that she would like to question Graham on calls he made to election officials in Georgia after the election.

The South Carolina Republican senator by the Constitution's Speech or Debate clause, which shields legislators from certain law enforcement action for conduct connected to their legislative duties.

Lower courts had said that, to the extent Graham was making the calls to the Georgia election officials as part of fact-finding for the congressional certification of President Joe Biden's win, that could be out of bounds under the Constitution. But the had said that "communications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to 'cajole' or 'exhort' Georgia election officials" are not legislative activities protected by the Speech and Debate Clause."

Willis' probe recently secured the grand jury testimony of former Georgia Republican Sen. Kelly Loeffler and former White House Counsel Pat Cipollone, .