Graham’s attorneys, led by former Trump White House attorney Don McGahn, have asked the Supreme Court to grant an emergency stay that would prevent Graham from being required to appear before the grand jury while legal issues are extensive.
“Only this Court can prevent the examination of Senator Graham by the state court, contrary to constitutional immunities, because the District Court and the Eleventh Circuit have refused to temporarily stay the proceedings until the appeal is finally resolved,” Graham’s attorneys wrote in the emergency motion filed with the high court on Friday afternoon.
Prosecutors for Fulton County District Attorney Fani Willis have sought Graham’s testimony about his post-2020 election call with Georgia Secretary of State Brad Raffensperger as part of his investigation into efforts to cancel the 2020 election. Raffensperger said Graham asked him to cast ballots during their call. Graham, in court filings, argued that his appeal was for legislative fact-finding and would be protected from questioning by the Constitution’s Speech and Debate Clause.
Graham’s office said in a statement he filed with the Supreme Court to “defend the Constitution and the institutional interest of the Senate.”
A spokesperson for Willis did not immediately respond to a request for comment.
Graham’s request was made to Judge Clarence Thomas, who oversees the 11th Circuit. He has the power to act on his own to grant Graham’s request, but judges usually refer high-profile cases to the full court for action.