Graham says he’s never suggested anybody ‘discount ballots,’ vows to fight subpoena
U.S. Sen. Lindsey Graham said Tuesday that he’s never suggested anyone “discount ballots for political reasons,” and reiterated that he plans to fight a subpoena ordering him to testify in front of a Georgia grand jury investigating possible criminal interference in the 2020 election.
Graham will have to appear on Aug. 2 at a Fulton County courthouse, according to the order made public Monday.
He had previously been ordered to testify by Tuesday after he was issued a subpoena to testify last Friday. Why the date was changed was not immediately clear. Graham’s lawyers have said he is only a witness and not a target of the grand jury’s investigation.
Graham, however, plans to challenge the subpoena and his Senate office on Tuesday referred back to a statement made by his attorneys last week calling the subpoena “all politics” and part of a fishing expedition to provide information to the U.S. House committee investigating the Jan. 6 Capitol riot.
Graham hired former U.S. attorney for South Carolina Bart Daniel and former assistant U.S. attorney in South Carolina Matt Austin, who both work for the high-profile Nelson Mullins law firm, to represent him.
“I think I’ll be going to court and fight back,” Graham said on FoxNews Radio Tuesday. “As a senator, I’ve got a vote on whether or not to certify an election. I was chairman of the Judiciary Committee so my job is to figure out what I need to be doing.”
But Georgia can’t just order someone to come in from outside its borders to testify. Some additional approval is needed.
A local judge still needs to rule whether Graham is a “material and necessary” witness to the grand jury investigation and should have to comply with the subpoena.
A Fulton County grand jury wants to hear from Graham about two phone calls he had with Georgia Secretary of State Brad Raffensperger after the 2020 election. Graham had asked if there was a way for Georgia’s 2020 election results to show a more favorable outcome for then-President Donald Trump, according to the subpoena.
President Joe Biden won the state of Georgia in 2020 by fewer than 12,000 votes.
On the call, Graham allegedly asked Raffensperger about signatures that did not match on absentee ballots and whether all mail-in ballots in counties with a high rate of mismatched signatures could be thrown out.
Graham told FoxNews Radio he also called Arizona to ask about its election system and Nevada about how it validates signatures.
“I‘ve never suggested to anybody they discount ballots for any political reasons,” Graham said. “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’ll ruin the place.”
Reporter Stephen Pastis and the Associated Press contributed to this article.
This story was originally published July 12, 2022 at 11:34 AM.