A federal appeals court on Sunday delayed Sen. Lindsey Graham’s (R-SC) testimony before a special grand jury in Fulton County that was initially scheduled for Tuesday, following an appeal by Graham’s lawyers that pushed back at a district court judge’s rejection of a motion to quash his subpoena.
So the speech and debate clause says a Senator’s speech is protected everywhere (not just on the floor of Congress) about any topic (including efforts to overturn another state’s federal election results)? Haven’t read the cases but seems like a mighty broad interpretation to me.
Simple. Graham’s attorneys will passive aggressively challenge every proposed question from the DA and drag this out for months.
On Sunday, the 11th Circuit Court of Appeals ruled that Graham does not have to comply with the subpoena from the grand jury until his attorneys and Fulton County district attorney Fani Willis outline arguments about what types of questions the GOP senator can be asked in light of constitutional protections he has as a sitting member of Congress.
It’s a shame that Graham doesn’t share the court’s concern that only responsible questions be asked by the grand jury. Huckleberry has always viewed his status as US Senator as a license to spout off on any issue, with little or no sense of respect for either the Senate or his role as Senator. I suspect he is just gaming the system here, merely to let us all know he can.
Not any Senator’s speech, Treason Party Senator’s screech is protected. Wait til his orange handler hears this; he’ll claim that he designated himself a senator before he left the WH.
Article 1 section 6 reads thus…“…They shall in all cases, except treason, felony and breach of the peace be privileged from arrest during the attendance at the session of their respective Houses, and in the going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place”
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So if Lindsey isn’t legislating or going to or from work or discussing bills he can most assuredly be subject to a subpoena and testimony if he is involved in felonious behavior.
When Graham attempted to quash the subpoena last month, his lawyers argued in a motion that his calls to Georgia officials fall under legislative activity and his “fact-finding and oversight responsibility” as the then-Senate Judiciary Committee chair and as a sitting senator, and therefore the Speech or Debate clause protects his activities.
So mucking around with the outcome of a presidential election is legitimate legislative activity, but forming a committee to investigate the who/what/why/where of events surrounding an attempt to muck around with the outcome of a presidential election is not.
All I know is, I want Fani Willis to have Giuliani and Graham in a line-up, and I want her to ask Raffensperger and his staff to be present, listening to each person say something to identify their voices. Something along these lines would be good, I think: