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‘No Basis’: Federal Judge Denies Lindsey Graham’s ‘Unpersuasive’ Attempt to Evade Grand Jury Subpoena

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For the second time this week a federal judge has denied U.S. Senator Lindsey Graham‘s attempt to evade a grand jury subpoena requiring him to testify in the investigation of Donald Trump’s efforts to overturn the 2020 election, calling his legal argument “unpersuasive.”

U.S. District Judge Leigh Martin May Friday afternoon responded to Fulton County, Georgia District Attorney Fani Willis’ request to order the GOP Senator from South Carolina to appear before the Special Purpose Grand Jury (SPGJ).

“Senator Graham’s arguments are entirely unpersuasive,” Judge May writes, as Politico’s Kyle Cheney notes, “and they do not even demonstrate a ‘substantial case on the merits.’ As an initial matter, Senator Graham takes issue with the Court’s recognition that his sole request-to quash the subpoena in its entirety–was built largely (if not entirely) on the premise that Senator Graham will only be questioned about the phone calls, which Senator Graham characterizes as legitimate legislative factfinding exercises and thus completely protected by the Speech or Debate Clause.”

READ MORE: ‘Direct Personal Knowledge’: Federal Judge Denies Lindsey Graham’s Request to Quash Subpoena Ordering Him to Testify

“Instead, Senator Graham maintains that he believes that the ‘other topics’ will simply be used as a ‘backdoor’ for questioning him about the phone calls,” the judge adds. “The problem for Senator Graham is that the record thoroughly contradicts his suggestion that the District Attorney and grand jury simply wish to use questions on other topics as a ‘backdoor’ to asking him about the legislative fact- finding on the phone calls.”

Judge May found Sen. Graham had “no basis” to claim he should not be ordered to testify, and ordered him to testify on August 23.

“The Court finds no basis for concluding that its holdings as to these issues are likely to be reversed on the merits,” Judge May wrote. “Holding otherwise would allow any sitting senator to shield all manner of potential criminal conduct occurring during a phone call merely by asserting the purpose of the call was legislative fact-finding-no matter whether the call subsequently took a different turn.”

Graham still has other avenues to use to try to evade the lawful subpoena.

READ MORE: ‘Should Expect to Be Indicted’: Giuliani Now Target of Georgia DA Investigation Into Efforts to Overturn Election – Report

As Politico’s Kyle Cheney, who broke this development notes, “the question of a stay rests with the appeals court, which received Graham’s case yesterday.”

Judge May appears to strongly agree with DA Willis’ assessment. The judge writes, “the public interest is well-served when a lawful investigation aimed at uncovering the facts and circumstances of alleged attempts to disrupt or influence Georgia’s elections is allowed to proceed without unnecessary encumbrances.”

In her motion Friday morning Willis wrote, “Senator Graham insists that he seeks to delay his appearance before the Special Purpose Grand Jury not just for his own sake, but also for the sake of the separation of powers, federalism, and ‘for the People.’”

“The Special Purpose Grand Jury, however, is the People,” Willis eloquently explained, “a collection of citizens called together to perform their civic duty on behalf of their neighbors and families. They have sacrificed their time, effort, energy, and attention for months in order to investigate matters that affect themselves, their community, and the nation as a whole. The District Attorney asks that this Court deny Senator Graham’s motion in order that he, for a single day, can assist them in that great task without further delay. The People have requested Senator Graham’s testimony and stand ready to receive it. All that is left is for the Senator to meet them.”

This is a breaking news and developing story. 

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BREAKING NEWS

Trump’s Attorneys Just Walked Into DOJ – Special Counsel Expected to Reach Charging Decision Soon: Report

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June 5, 2023

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Attorneys for Donald Trump Monday morning entered the U.S. Dept. of Justice, as expectations grow the ex-president could soon be charged in his unlawful removal, retention, and refusal to return hundreds of classified and top secret documents.

CBS News chief election and campaign correspondent Robert Costa reports sources say Special Counsel Jack Smith is expected to reach a decision on charging Trump in the case soon.

“Trump’s lawyers just spotted by @CBSNews entering the Justice Department, per @RobLegare who is on site,” Costa tweeted at 10:09 AM ET. He says that “comes as sources tell me the special counsel is moving toward a charging decision in the classified documents case.”

Citing sources, Costa adds, “Trump’s lawyers are expected to raise concerns about how prosecutors have handled atty-client questions during the grand jury but there is no sign the special counsel is going to waver from how he and his team have handled the crime-fraud exception…”

READ MORE: Former DOJ Official Says Audio of Trump Admitting to Keeping ‘War Plans’ Makes it ‘Inconceivable’ He Will Not Be Charged

Trump’s attorneys being at DOJ is a possible sign the Special Counsel could be close to asking a grand jury to bring charges against the one-term, twice impeached ex-president who is currently facing 34 felonies in an unrelated New York case.

“Often defense attorneys are given the opportunity to ‘pitch’ the DOJ before a charging decision is made,” former federal prosecutor Renato Mariotti notes. “Trump’s team visiting DOJ likely means that we won’t see charges in the next few days—as their pitch is considered—but could potentially see charges in the next 5 to 15 days.”

The Special Counsel’s grand jury is reportedly reconvening this week.

Legal experts and Trump watchers have been expecting the ex-president to be charged as soon as this week, after CNN reported Special Counsel Jack Smith had an audio recording of Trump admitting to holding on to a classified document, described by some as “war plans” against Iran. In that audio Trump reportedly also said he knew the document was classified, and said he wished he could share it, which destroys multiple claims he has made in his defense of retaining the documents.

That document is still missing, and the Pentagon appears greatly concerned about the document.

On Sunday night Trump lashed out at Smith, calling him, the DOJ, and the FBI all “Marxist,” and described the investigation into his possibly illegal handling of classified documents as the “boxes hoax.”

 

This is a breaking news and developing story. Details may change. 

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BREAKING NEWS

Prosecutors Tell Trump They Have a Recording of Him and a Witness: Report

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1 week ago

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May 26, 2023

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Prosecutors in Donald Trump’s Manhattan criminal trial have notified the ex-president’s attorneys they have a recording of him and a witness. The notification comes in the form of an automatic discovery form, CBS News reports, which “describes the nature of the charges against a defendant and a broad overview of the evidence that prosecutors will present at Trump’s preliminary hearing or at trial.”

CBS reports prosecutors have handed the recording over to Trump’s legal team.

It’s not known who the witness is, nor are any details known publicly about what the conversation entails, or even if it is just audio or if it includes video.

READ MORE: ‘Likely to Be Indicted Soon’: Trump Might Face Seven Different Felonies, Government Watchdog Says

According to the article’s author, CBS News’ Graham Kates, via Twitter, prosecutors say they also have recordings between two witnesses, a recording between a witness and a third party, and various recordings saved on a witness’s cell phones.

Trump is facing 34 felony counts in Manhattan District Attorney Alvin Bragg’s case related to his allegedly unlawful attempt to hide hush money payoffs to a well-known porn star by falsifying business records to protect his 2016 presidential campaign.

See the discovery form above or at this link.

Image via Shutterstock

 

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BREAKING NEWS

Bill Barr’s Former Special Counsel John Durham to Testify in House Hearing

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1 week ago

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May 26, 2023

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Former Special Counsel John Durham, who recently ended his four-year investigation into the FBI’s decision to launch an investigation into Russia’s attack on the 2016 election and any possible connection Donald Trump or his campaign had to those efforts, will testify before the Republican-majority House Judiciary Committee next month.

The Durham report, widely-panned by legal experts but praised by GOP partisans, was the culmination of an investigation many believe was started to appease then-President Donald Trump. Trump Attorney General Bill Barr secretly elevated Durham to Special Counsel status in October of 2020, effectively to allow his investigation to continue regardless of the result of the following month’s presidential election.

Durham ended up indicting just three people. He lost two cases and the third pleaded guilty to a minor charge.

RELATED: ‘Circle of Garbage’: Experts Slam Durham ‘Wild Goose Chase’ as Investigation Into DOJ Trump-Russia Probe Ends With ‘Bupkis’

Washington Post columnist Philip Bump published an analysis earlier this month titled, “Durham’s probe ends as it began: Pointing at trees to obscure the forest.”

But Durham’s report gives fodder to the far-right.

National security and legal experts have torn the Durham report apart, with some noting his investigation directly conflicts with findings from a DOJ Inspector General and the then-GOP majority Senate Intelligence Committee’s report.

Fox News reports Durham “will testify in front of the House Judiciary Committee about his report in June, a source has told Fox News on Friday.”

“The hearing will happen on Wednesday, June 21,” Fox adds. “The day before, Durham will appear before the House Intelligence Committee in a closed-door briefing.”

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