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FIRST ON FOX: Lindsey Graham will attraction choose’s determination forcing him to testify earlier than grand jury in Georgia

FIRST ON FOX: Sen. Lindsey Graham, R-S.C., will attraction the choice by a federal choose forcing him to adjust to a subpoena to seem earlier than a grand jury as a part of the investigation into whether or not former President Donald Trump and others violated any legal guidelines through the latter’s efforts to reverse the state’s end result within the 2020 presidential election.

In an unique assertion to Fox Information Digital, a spokesperson for Graham accused the choose of ignoring constitutional textual content and Supreme Court docket precedent, citing the Structure’s Speech or Debate Clause.

“The Structure’s Speech or Debate Clause prevents an area official from questioning a senator about how that senator did his job. Right here, Senator Graham was doing his due diligence earlier than the Electoral Rely Act certification vote – the place he voted to certify the election,” the assertion mentioned. 

“Though the district courtroom acknowledged that Speech or Debate might shield a few of Senator Graham’s actions, she however ignored constitutional textual content and binding Supreme Court docket precedent, so Senator Graham plans to attraction to the 11th Circuit,” it added.

Within the Monday ruling, the choose mentioned the Graham didn’t get pleasure from sovereign immunity from being known as by state prosecutors, regardless of his argument that, as a senator, he has immunity relating to being questioned over legislative acts.

Fox Information’ Ronn Blitzer contributed to this report.

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