ATLANTA (AP) – Prosecutors in Atlanta said they need a special grand jury to hear from U.S. Sen. Lindsey Graham because he may be able to provide insight into the extent of any coordinated efforts to influence the results of the 2020 general election in Georgia.
Fulton County Chief Senior Assistant District Attorney Donald Wakeford made that argument Wednesday during a federal court hearing on a request by Graham to quash his subpoena. Brian Lea, an attorney for Graham, argued that Graham’s position as a senator protects him from having to appear before the special grand jury in the investigation into whether former President Donald Trump and his allies committed crimes as they sought to overturn his narrow election loss in Georgia.
Graham’s attorneys – including Don McGahn, who served as White House counsel under Trump – successfully moved the issue of whether the subpoena should be quashed from Fulton County Superior Court to federal court.
U.S. District Judge Leigh Martin May said she hopes to issue a ruling Friday but that it may take her until Monday to decide whether Graham should have to testify.
Fulton County District Attorney Fani Willis opened her investigation early last year, and a special grand jury with subpoena power was seated in May at her request. The special grand jury began hearing from witnesses, including Georgia Secretary of State Brad Raffensperger, in June.