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Graham was ordered to speak to a Georgia grand jury Thursday on election interference on behalf of Donald Trump in the state.
Supreme Court Justice Clarence Thomas has temporarily blocked an order for U.S. Sen. Lindsey Graham to testify before a grand jury investigating efforts to overturn Georgia's results in the 2020 presidential election.
Graham, a South Carolina Republican and ally of Donald Trump, had been subpoenaed to testify in a criminal investigation about interference in the state, which Joe Biden won narrowly over Trump. Trump had alleged there was widespread voter fraud in Georgia, for which there is no evidence. Graham had made calls to election officials in the state while Trump was making these claims, and that's what he was supposed to testify about. His testimony was scheduled for Thursday, CNN reports. The investigation is led by Fulton County, Ga., District Attorney Fani Willis.
Graham has fought hard to avoid speaking to the grand jury. He says he shouldn't have to testify because he made the calls as part of his work as chairman of the Senate Judiciary Committee, and certain actions by lawmakers are exempt from criminal investigation. He filed a federal lawsuit seeking to block the subpoena. Last week a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit declined to do so.
"Communications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to 'cajole' or 'exhort' Georgia election officials" are not protected activities, the panel ruled, according to CNN.
The senator then appealed to the Supreme Court. Thomas, who has jurisdiction over the Eleventh Circuit, temporarily blocked the order to testify while the full court considers Graham's appeal.
Thomas has been the subject of criticism over his wife's efforts on behalf of Trump, with some observers saying he should recuse himself from cases involving the 2020 presidential election. Ginni Thomas, a right-wing activist, has expressed doubt that Biden won and was in touch with those seeking to overturn the results. She testified recently before the congressional committee investigating the January 6, 2021, insurrection at the U.S. Capitol, which was an effort to block certification of the election results. In her testimony, she claimed that she doesn't discuss her work with her husband and that he doesn't talk to her about cases before the high court.
