Grand Juries & State Prosecutions
Graham Grand Jury Case
Major Issue: Whether the Speech or Debate Clause immunizes a Senator from testifying before a grand jury relating to alleged attempts to influence or disrupt the administration of elections.
Case Status: Complete.
Case Description: On Jan. 24, 2022, the Superior Court of Fulton County, Georgia authorized the convening and impaneling of a Special Purpose Grand Jury to investigate possible attempts to disrupt the administration of the 2020 elections in Georgia. On July 26, 2022, a subpoena was issued to Sen. Lindsey Graham requiring him to appear as a witness before the grand jury. On July 29, 2022, Sen. Graham removed the case to the U.S. District Court for the Northern District of Georgia and filed an expedited motion to quash the subpoena in its entirety.
Procedural Posture: Judge Leigh Martin May of the U.S. District Court for the Northern District of Georgia was assigned to the case. On August 15, 2022, the District Court denied Sen. Graham’s motion to quash the grand jury subpoena in its entirety. On Aug. 17, 2022, Sen. Graham filed notice of an appeal and an emergency motion to stay the order pending appeal. On Aug. 19, 2022, the District Court denied Graham’s motion to stay the grand jury proceedings.
Also on Aug. 17, 2022, Sen. Graham filed notice of an appeal to the U.S. Court of Appeals for the 11th Circuit. On Aug. 22, 2022, the Circuit Court stayed the grand jury subpoena and remanded the case to the District Court to consider whether to partially quash or modify the subpoena. On Sept. 1, 2022, the District Court issued an order partially modifying the grand jury subpoena and requiring Sen. Graham to testify. Sen. Graham again appealed to the 11th Circuit. On Oct. 20, 2022, the 11th Circuit denied the appeal.
On Oct. 21, 2022, Sen. Graham filed an emergency application with the Supreme Court to stay the District Court order and the grand jury proceedings. On Oct. 24, 2022, Supreme Court Justice Thomas stayed the District Court order requiring Sen. Graham’s grand jury testimony pending further action by the Supreme Court. On Nov. 1, 2022, the Supreme Court denied Sen. Graham’s motion to stay his grand jury testimony.
On November 22, 2022, Sen. Graham testified before the Georgia special grand jury, apparently without requesting any additional district court rulings.
On July 29, 2022, Sen. Lindsey Graham filed a motion in the U.S. District Court for the Northern District of Georgia to quash a subpoena requiring him to appear as a witness before a Special Purpose Grand Jury convened to investigate alleged attempts to influence or disrupt the administration of Georgia’s 2020 elections. Judge Leigh Martin May was assigned to Case No. 22-cv-03027.
On August 15, 2022, the District Court denied Sen. Graham’s motion to quash the grand jury subpoena in its entirety, finding that considerable areas of potential grand jury inquiry fell outside of Speech or Debate Clause protections, that immunity did not shield him from testifying, and the District Attorney had demonstrated a special need for his testimony. On August 17, 2022, Sen. Graham filed notice of an appeal and an emergency motion to stay the court order pending appeal. On Aug. 19, 2022, the District Court denied Sen. Graham’s motion to stay the grand jury proceedings.
After the 11th Circuit directed the District Court to consider whether to partially quash or modify the subpoena, the District Court ordered additional briefing and, on Sept. 1, 2022, partially modified the grand jury subpoena and required Sen. Graham to testify. Sen. Graham again appealed to the 11th Circuit.
- Graham motion to remove to federal court (7-29-2022)(10 pages)
- Graham expedited motion to quash subpoena (7-29-2022)(5 pages)
- Graham memorandum in support of expedited motion to quash (7-29-2022)(29 pages)
- Graham motion to expedite proceedings (7-29-2022)(4 pages)
- Response in opposition to expedited motion to quash (8-4-2022)(29 pages)
- Reply in support of expedited motion to quash (8-5-2022)(19 pages)
- Amicus brief of former federal prosecutors in opposition to expedited motion to quash (8-9-2022)(23 pages)
- Graham response to amicus brief (8-11-2022)(19 pages)
- District Attorney post-hearing reply brief (8-12-2022)(11 pages)
- District Court order denying expedited motion to quash (8-15-2022)(22 pages)
- Graham emergency motion to stay order and enjoin grand jury proceedings pending appeal (8-17-2022)(33 pages)
- Graham motion for immediate hearing on emergency motion to stay (8-17-2022)(11 pages)
- District Court order requiring District Attorney response to emergency motion (8-17-2022)(1 page)
- Graham notice of appeal (8-17-2022)(3 pages)
- District Attorney response in opposition to emergency motion (8-19-2022)(10 pages)
- District Court order denying emergency motion to stay (8-19-2022)(15 pages)
- District Court order directing arguments on motion to partially quash subpoena (8-22-2022)(2 pages)
- Graham memorandum in support of motion to partially quash (8-24-2022)(29 pages)
- District Attorney response in opposition to motion to partially quash (8-29-2022)(16 pages)
- District court order granting in part and denying in part motion to quash (9-1-2022)(23 pages)
On August 17, 2022 Graham filed notice of appeal to the U.S. Court of Appeals for the 11th Circuit. The case was assigned to Judges Wilson, Newsom, and Grant as Case No. 22-12696. On August 22, 2022 the panel stayed the grand jury subpoena issued to Sen. Graham and remanded the case to the District Court to consider whether to partially quash or modify the subpoena. After the District Court issued an order modifying the subpoena and requiring Sen. Graham to testify, Sen. Graham asked the appeals panel to stay the District Court order and the grand jury proceedings. On Oct. 20, 2022, the panel denied the motion and lifted the stay on the grand jury proceedings pending appeal. On Oct. 21, 2022, Sen. Graham filed an emergency application with the Supreme Court to stay the District Court order and the grand jury proceedings. After the Supreme Court denied the stay and Sen. Graham testified before the grand jury, the Appeals Court panel, on Dec. 20, 2022, granted his motion to dismiss the appeal as moot and vacate the District Court judgment.
- 11th Circuit Court order remanding case for additional consideration (8-22-2022)(4 pages)
- Amicus brief by Eagle Forum et al. supporting Graham appeal (9-21-2022)(30 pages)
- Amicus brief by state Attorneys General supporting Graham motion to stay (9-22-2022)(20 pages)
- Amicus brief by former federal prosecutors opposing Graham motion to stay (10-7-2022)(22 pages)
- Appeals court opinion denying Graham motion to stay grand jury proceedings pending appeal (10-20-2022)(6 pages)
- Graham motion to dismiss appeal as moot and vacate the District Court judgment (12-12-2022)(15 pages)
On Oct. 21, 2022, Sen. Graham filed an emergency application with Supreme Court Justice Clarence Thomas asking the Court to stay the District Court order and the grand jury proceedings pending his appeal of the 11th Circuit Court decision. On Oct. 24, 2022, Supreme Court Justice Thomas stayed the District Court order requiring Sen. Graham’s grand jury testimony pending further action by the Supreme Court. On Nov. 1, 2022, the Supreme Court denied Sen. Graham’s motion to stay his grand jury testimony.
- Graham emergency application for Supreme Court stay pending appeal (10-21-2022)(41 pages)
- Supreme Court order staying the lower court order requiring Sen. Graham’s grand jury testimony “pending further order” by Justice Thomas or the Court (10-24-2022)(1 page)
- Georgia District Attorney opposition to Graham application for Supreme Court stay (10-27-2022)(27 pages)
- Amicus brief by former federal prosecutors opposing Graham application for Supreme Court stay (10-27-2022)(37 pages)
- Supreme Court order denying Graham motion to stay grand jury testimony (11-1-2022)(1 page)
