“Should it stand, the subpoena issued today would erode the constitutional balance of power and the ability of a Member of Congress to do their job. Senator Graham plans to go to court, challenge the subpoena, and expects to prevail,” Graham’s lawyers said in a statement Wednesday, describing the request as “all politics.”
On Tuesday, officials in Fulton County issued subpoenas to not only Graham, but six other individuals connected to former President Donald Trump.
The subpoena ordered the Republican senator to give testimony to the grand jury in the inquiry on July 12.
“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 issued against Graham read. “The witness also made reference to allegations of widespread voter fraud in the November 2020 election in Georgia, consistent with public statements made by known affiliates of the Trump Campaign.”
But his lawyers said Wednesday that “as chairman of the Senate Judiciary Committee, Senator Graham was well within his rights to discuss with state officials the processes and procedures around administering elections” and that information that is potentially provided to Fulton County officials had been shared with the Georgia Secretary of State’s office.
Graham, they argued, is “neither a subject nor target of the investigation,” but he’s “simply a witness.”
“This is all politics. Fulton County is engaged in a fishing expedition and working in concert with the January 6 Committee in Washington,” they said, referring to the House special committee investigating the incident at the U.S. Capitol on Jan. 6, 2021.
In response to his lawyers’ statement, Jeff DiSantis, a spokesman for the District Attorney, told media outlets that if “witnesses choose to challenge an order that they testify before the Special Purpose Grand Jury, the District Attorney will respond in the appropriate court to compel their appearance.”
Fulton County also issued subpoenas to John Eastman, Cleta Mitchell, Kenneth Chesebro, and Jenna Ellis. They advised the Trump campaign in the aftermath of the 2020 election.
Trump’s personal lawyer, Rudy Giuliani, and attorney and podcast host Jacki Pick Deason also received subpoenas, which were filed July 5 and signed by Fulton Superior Court Judge Robert McBurney, local media reported.