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Georgia prosecutor insists Lindsey Graham must testify in 2020 election probe

Sen. Lindsey Graham (R-S.C.)’s actions surrounding the 2020 election in Georgia “certainly appear” associated with former President Trump’s effort to pressure Georgia election officials, prosecutors in Georgia argued in a court filing Thursday seeking the senator’s testimony.

Driving the news headlines: The Fulton County district attorney’s office pointed to Georgia election officials’ account that in November 2020 Graham “implied for all of us to audit the envelopes and get rid of the ballots for counties who’ve the best frequency error of signatures” as grounds to compel Graham to speak to investigators within their probe into efforts to overturn the 2020 election.

  • Graham’s actions “certainly appear interconnected with former President Trumps similar efforts to pressure Georgia election officials into ‘finding 11,780 votes’ also to spread Georgia election fraud disinformation,” any office wrote.

Another side: Graham has rejected that characterization and said he was simply learning more about Georgia’s signature verification process.

The intrigue: Section of Graham’s argument to quash his subpoena rests in the constitution’s speech and debate clause, which protects members of Congress from questions about legislative actions.

  • Fulton’s lawyers reject that, arguing that only applies with “references to actual legislative acts.”

Catch up quick: Exactly the same federal judge hearing Graham’s case ruled that Rep. Jody Hice (R-Ga.) had to testify prior to the grand jury. But she said he could, on a case-by-case basis, claim legislative immunity on some questions.

  • The broad-reaching investigation has recently sent target letters to those that might face indictment, including the slate of Republican electors who falsely “certified” a Trump victory in Georgia in December 2020.

What’s next: A hearing on Graham’s case is defined for Wednesday.

Of note: Graham has enlisted former Trump White House counsel Don McGahn to greatly help argue his case.

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