Sen.  Lindsay Graham Georgia has filed a motion to cancel the subpoena in the Trump investigation.

Sen. Lindsay Graham Georgia has filed a motion to cancel the subpoena in the Trump investigation.

Republican Sen. Lindsay Graham of South Carolina filed a motion in federal court Wednesday to avoid testifying about former President Donald Trump’s attempt to overturn the results of the 2020 state election in Georgia.

Earlier this month, Fulton County District Attorney Fanny Willis Graham and other allies of Trump Wants to force them to testify before a special grand jury this summer. Others include former Trump lawyer Rudy Giuliani and campaign attorneys Clata Mitchell, Kenneth Chesapeake and Jenna Ellis.

Prosecutors allege in Graham’s subpoena that he spoke with Georgia’s Secretary of State Brad Raffensperger after the 2020 election and questioned him about “re-examining some of the missing ballots in Georgia to explore the possibility of a more favorable outcome for Trump.”

President Joe Biden won Georgia with just 12,000 votes or 0.5% of the vote. Graham has acknowledged past phone calls and denied any wrongdoing, Called “facing the nation” In January, he asked about “how the system works in the case of mail-in voting, balloting.”

Graham’s attorneys argued in their proposal that his conversations with Raffensperger fall into the “field of legislation” because his calls relate to his responsibilities as then chairman of the Senate Judiciary Committee.

Georgia election investigation
Sen. Lindsay Graham, RS.C., during a hearing on the FY 2023 budget for the FBI in Washington on May 25, 2022.

Ting Shen / AP


“Senator Graham was concerned about the security of the election and ensuring that absentee voting procedures were secured long before the 2020 election,” Graham’s attorney wrote.

Attorneys claimed that Graham “did not inject himself into Georgia’s electoral process and never tried to change the outcome of any election.”

“The conversation was about the missing ballot and Georgia’s approach,” Graham’s attorney wrote.

Subpona claims that Graham must be available to testify from August 2 to August 31. His attorneys argued he could not be available for this length, as it could interfere with his role in the Senate. They say his role as a senator gives him “sovereign immunity” from testifying.

Willis’s office has not yet responded to a request for comment.

Trump called Raffensperger On January 2, 2021, 11,780 votes were enough to “find” him or make him the winner of the state. “The people of Georgia are angry, the people of the country are angry,” Mr. Trump was heard saying in an audio recording of the call, which was obtained by CBS News. “And there’s nothing wrong with saying that, you know, um, you’ve recalculated that.”

Raffensperger Testimony before the House January 6 Committee Dated June 21, 2022. The White House, including Trump’s chief of staff, Mark Meadows, called and texted Raffensperger’s office 18 times to set up a call, Rafensperger said.

Trump also called the chief investigator of the Secretary of State, who oversaw the election audit, and told him that “you will be appreciated when the right answer comes,” Raffensperger said. That call was set by Meadows, like Raffensperger.

Graham Kates contributed to the report for this story.

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