Lindsey Graham won't be able to plead the 5th before the Georgia grand jury -- here's why

According to trial lawyer and legal analyst Page Pate, Sen. Lindsey Graham (R-SC) can expect a grilling before a Fulton County grand jury where he will be unable to plead the 5th Amendment against self-incrimination if asked to answer uncomfortable questions.

Reacting to a report two days ago that U.S. District Judge Leigh Martin May rejected Graham’s argument that his calls to Georgia secretary of state Brad Raffensperger about the 2020 presidential election results were protected under the U.S. Constitution’s “speech or debate” clause, means he now has to appear, Pate said the South Carolina Republican, at this point, must comply.

Speaking with CNN host Sara Sidner, Pate was asked what is next for one of Donald Trump's most ardent supporters.

"I think the grand jury wants to know what Senator Graham said to the secretary of state and they want to hear, and they already have heard from our secretary of state that he felt not just Trump's call was an attempt to persuade him to do something potentially illegal but the secretary of state thought the calls from Senator Graham also were encouraging him, or at least attempting to encourage him, to do something illegal."

"That is a pattern of conduct and I think this grand jury investigation into election interference, you want to listen to all of these witnesses," he added. "Were they coordinating their activities and was there intent and, if so, what was that intent."

"One last question," Sidner pressed. "How much trouble could Senator Graham be in if it is determined that he tried to pressure the secretary of state in Georgia to overturn the 2020 election?"

"That is a great question," the attorney replied. "I don't think Senator Graham is facing any potential criminal charge. I believe that the district attorney has already notified him that he is merely a witness in this. I don't think there is enough evidence to show that Senator Graham was aware of what some of the other people were doing as far as accessing voting machines, presenting false testimony to state legislative committees, so that means he'll have to appear and answer questions."

"Now, that the judge is requiring him to do so, he can't claim a Fifth Amendment privilege because he's not under the threat of prosecution in Georgia," he clarified. "As long as he appears and follows the judge's order, he should not face any legal exposure."

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