The Georgia prosecutor investigating efforts by Donald Trump and his supporters to overturn the 2020 presidential election in the Peach State warned the United States Supreme Court against intervening to quash the special grand jury subpoena issued to Sen. Lindsey Graham.
The South Carolina Republican sought to quash a subpoena issued by Fulton County District Attorney Fani Willis, but the district court judge ruled Graham still needed to testify. After losing before two Trump-appointed 11 Circuit Court judges he had voted to confirm, Graham took his case to the U.S. Supreme Court, where Justice Clarence Thomas ordered a temporary stay.
On Thursday, Willis replied in a 27-page filing where she worried about Graham trying to run out the clock.
"The Grand Jury was empaneled to sit for a calendar year, from May of 2022 to April of 2023. Should Your Honor stay the application of the district court’s order until after all available appeals are exhausted, it is highly unlikely that the Grand Jury will be able to receive testimony in that timeframe, even if he is ultimately unsuccessful on appeal," Willis argued. "Additionally, the Special Purpose Grand Jury is required to create a report of its findings and submit it to the judge supervising its investigation. A stay would create the possibility, or perhaps the certainty, that the Grand Jury would either have to pursue an extension of its term indefinitely to await the testimony of a single witness or issue a report without receiving any testimony or information from the Senator at all."
Willis panned Graham's motion before the highest court.
"Senator Graham cites factual conclusions which the record does not support in order to advance arguments without a basis in prior decisions of this Court, seeking protection for activities which the Speech or Debate Clause does not contemplate," the filing read. "Should the Senator’s application be granted, the Grand Jury’s work will be delayed indefinitely, ensuring that information which could either clear the innocent of suspicion or increase scrutiny on the guilty will continue to lie beyond the Grand Jury’s grasp."
The filing argued that a Supreme Court stay was unnecessary to protect Graham's interests.
"Such interference with the Grand Jury’s ongoing investigation is not 22 necessary in order to ensure the protection of the Senator’s rights, which will be safeguarded by court order, or the effective application of the Speech or Debate Clause in these circumstances," Willis argued.
Fulton County special grand jury SCOTUS filing / screengrab
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