Senator Lindsey Graham (R-S.C.) actively tried to pressure Georgia Secretary of State Brad Raffensperger to throw out votes so Donald Trump could win the state in 2020, but he doesn’t have to testify in compliance with a subpoena now because of the conservative 11th Circuit Court of Appeals.
Fulton County District Attorney Fani Willis and an Atlanta grand jury subpoenaed Graham to testify as part of the investigation into Trump’s attempted election interference in the state. Trump demanded Raffensperger “find” over 11,000 votes to overturn President Joe Biden’s victory despite multiple recounts confirming the state flipped blue.
Graham played a part in the pressure campaign by also calling Raffensperger. So it makes sense that Graham should testify in compliance with the subpoena, especially since he is not above the law just because he is a senator.
But the 11th Circuit Court of Appeals, dominated by Trump-appointed judges, ruled this week that Graham does not have to comply with the subpoena and does not have to testify, at least for now.
According to Politico:
The appeals court said in a two-page order that Graham’s attorneys and prosecutors for Fulton County District Attorney Fani Willis needed to flesh out arguments about whether Graham is entitled to have the federal courts place legal guardrails on the questioning Graham could face. The 11th Circuit panel’s order said that those arguments should be presented first to U.S. District Court Judge Leigh Martin May, who issued a ruling last week rejecting the arguments Graham’s team raised under the Constitution’s speech or debate clause — which immunizes lawmakers from most legal consequences for actions relating to their lawmaking responsibilities.
The problem is that Graham’s actions have nothing to do with his official duties as a senator. He represents the state of South Carolina, not Georgia. Therefore, he had no business interfering with an election in that state. Furthermore, Graham literally tried to pressure Georgia election officials to rig the election in Trump’s favor. That is clearly NOT in the job description of a senator. In fact, it’s a crime.
The 11th Circuit Court of Appeals is obviously trying to shield Graham. This is what happens when a court is stacked with Trump sycophants who shouldn’t even be allowed to be traffic court judges. This is a kangaroo court knowingly misinterpreting the Constitution to protect Republicans. It’s disgraceful. The Speech and Debate Clause merely prevents members of Congress from being arrested while the House or Senate is in session. It also says “except in cases of treason, felony, and breach of the peace…” Well, election interference is a felony. It should also be pointed out that Graham has not been charged with a crime but is being subpoenaed to testify. Nothing about that has anything to do with the Speech and Debate Clause.
It’s time for judges to be held accountable. The courts have clearly been corrupted by Donald Trump and rulings such as this one are proof. This country needs a Democratic majority in the House and Senate to pass a reorganization of the court system so corrupt judges can be outnumbered by those who actually understand what the Constitution means and those who won’t let lawmakers weasel out of being held accountable.
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