Spokesman: Lindsey Graham will fight subpoena in Trump case as it moves to Georgia court

U.S. Sen. Lindsey Graham has agreed to accept a subpoena to provide testimony to a Georgia grand jury that is investigating former President Donald Trump and his allies' actions after his 2020 election defeat.

An agreement between Graham and Fulton County, Georgia, District Attorney Fani Willis was reached Tuesday afternoon. The agreement maintains Graham's right to fight the subpoena.

Because of the agreement, a hearing that had been scheduled Wednesday morning in U.S. District Court in Charleston was canceled, according to Chris Adams, attorney for Willis and the special grand jury.

"Senator Graham has agreed to accept service of a subpoena for testimony from the Fulton County Special Purpose Grand Jury in Atlanta, Georgia, without waiving any challenges or any applicable privilege and/or immunity," the agreement states.

Graham spokesman Kevin Bishop said the senator simply agreed to move the case to federal district court in Georgia, and will continue to fight the subpoena.

"Graham has not agreed to testify," Bishop said. "Graham will fight the subpoena in federal district court in Georgia."

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Graham’s lawyers argued in a legal filing that he has “sovereign immunity” from state court procedures pertaining to his job as a senator, as well as constitutional protection because ”the testimony sought relates to matters within the legislative sphere."

Last week, Graham told the Associated Press his reason for fighting the subpoena.

“What I’m trying to do is do my day job. If we open up county prosecutors being able to call every member of the Senate based on some investigation they think is good for the country, we’re opening Pandora’s Box," Graham said July 13.

Adams said he anticipates Graham will come to Georgia sometime next month to accept the subpoena and provide testimony to the grand jury.

"It is anticipated only one day will be needed," Adams said. "They did reserve the right to attempt to litigate in Fulton County, Georgia, or at the federal courthouse in Atlanta."

He said he is pleased with the agreement

'"There was no issue for a South Carolina court to decide," Adams said. "The appropriate place to resolve these issues is Atlanta, Georgia, where the court hearing the issue is. We got an agreement today with the senator that basically agrees with our position."

Why Graham's testimony is sought

Willis wrote in her petition that Graham placed at least two phone calls to Georgia Secretary of State Brad Raffensperger in the weeks following the 2020 election seeking reexamination of absentee ballots to "explore the possibility of a more favorable outcome for former President Donald Trump."

After their call, Raffensperger told The Washington Post that Graham had asked him whether he had the power to reject certain absentee ballots, a question the official said he interpreted as Graham’s suggestion to toss out legally cast votes, the Associated Press reported.

Graham at the time called the claim “ridiculous.”

Willis also filed petitions to compel cooperation from former New York Mayor Rudy Giuliani, who was one of Trump’s primary lawyers during the failed efforts to overturn the election result, as well as lawyers Kenneth Chesebro, Cleta Mitchell, Jenna Ellis, John Eastman and Jacki Pick Deason.

Adams said he was focused on Graham's case and not familiar with the status of the other potential witnesses.

Willis alleges it was “a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere.”

Because she is trying to compel testimony from people who live outside of Georgia, Willis had to submit petitions for a judge’s approval. The judge overseeing the special grand jury signed off on her petitions, the Associated Press reported.

Graham's attorneys Daniel and Matt Austin argued in a federal court filing that Graham wasn't seeking to interfere in Georgia's 2020 election when he called state officials to ask them to reexamine certain absentee ballots,

"Senator Graham did not inject himself into Georgia’s electoral process, and never tried to alter the outcome of any election. The conversation was about absentee ballots and Georgia’s procedures,” Graham’s attorneys wrote July 12 in court papers filed in South Carolina. "The conversation was about absentee ballots and Georgia’s procedures."

Legal maneuvers by attorneys in Georgia and for Sen. Lindsey Graham

Since Willis is trying to compel testimony from those who live outside of Georgia, Willis had to submit petitions for a judge’s approval. The judge overseeing the special grand jury signed off on her petitions.

The case was initially assigned to U.S. District Judge Timothy M. Cain, who was Graham’s law partner back in the late 1980s and early 1990s. The case was reassigned July 13 to U.S. District Judge Henry Herlong Jr., who ruled that the subpoena can’t be executed for the time being and scheduled a hearing for July 20.

On July 14, the case was reassigned to U.S. District Judge David C Norton at the J Waites Waring Judicial Center in Charleston.

On July 18, the Willis legal team filed a motion to dismiss Graham's legal team's request to quash his subpoena.

On Tuesday, the agreement signed by lawyers for both sides was filed with the court.

Contact Bob Montgomery at bob.montgomery@shj.com. Please support our coverage of Spartanburg County with a digital subscription.

This article originally appeared on Herald-Journal: Spokesman: Graham plans to fight subpoena in Georgia federal court