Sen. Lindsey Graham, R-S.C., on Wednesday argued in a court filing that his phone call with Georgia Secretary of State Brad Raffensperger following the 2020 presidential election is constitutionally protected.
Graham's attorneys, in response to a filing by Fulton County District Attorney Fani Willis, who is investigating former President Donald Trump's attempts to overturn the results of the 2020 election, are asking a federal judge to support a subpoena concerning Graham's phone call to Raffensperger. In a counter filing, Graham argued that the call is protected by the Speech and Debate Clause of the Constitution that protects legislators when it comes to their legislative work.
"Senator Graham was duty bound to actually vote as to whether to certify the election, and so he had to run those allegations down — and he therefore called … the one person who would know best: Secretary Raffensperger," the filing reads.
Willis first issued a subpoena to Graham in July, which stated that "During the telephone calls, the Witness questioned Secretary Raffensperger and his staff about reexamining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump."
The subpoena also accused Graham of spreading false allegations of voter fraud in the state.
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