January 6 Committee

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: Awaiting additional District Court rulings.

Case Description: On January 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 Senator Lindsey Graham requiring him to appear as a witness before the grand jury.  On July 29, 2022, Senator 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. 

On August 15, 2022, the District Court denied Senator Graham’s motion to quash.  The District Court found considerable areas of potential grand jury inquiry fell outside of Speech or Debate Clause protections, sovereign immunity did not shield Graham from testifying, and the District Attorney demonstrated a special need for the testimony.  On August 17, 2022, Graham filed notice of appeal and an emergency motion to stay the order and to enjoin the grand jury proceedings pending appeal.  The District Court denied Graham’s motion to stay on August 19, 2022.

On August 22, 2022, the U.S. Court of Appeals for the 11th Circuit stayed the grant jury subpoena and remanded the case to the District Court to consider whether to partially quash or modify the subpoena.

Procedural Posture: The lawsuit was filed in the U.S. District Court for the Northern District of Georgia and Judge Leigh Martin May was assigned to the case.  On August 15, 2022, the Court denied Senator Graham’s motion to quash the subpoena in its entirety.  Senator Graham filed notice of appeal to the U.S. Court of Appeals for the 11th Circuit on August 17, 2022.  On August 22, 2022, the Circuit Court stayed the grand jury subpoena and remanded the case to the District Court for further proceedings.

On July 29, 2022, Senator 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 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 Senator Graham and remanded the case to the District Court to consider whether to partially quash or modify the subpoena.

No proceedings to date.