In a statement provided to The Independent, attorneys Bart Daniel and Matt Austin say Fulton County investigators have told them Mr. Graham is “merely a witness” and “neither a subject nor a target of the investigation,” but have declined to oversee the investigation. by the Fulton County DA. Fanny Willis as “all politics.” The lawyers further accused Ms. Willis of running a “fishing spree” and “collaborating with the January 6 Commission in Washington.” “Any information from an interview or deposition with Senator Graham will be immediately shared with the January 6th Committee,” the attorneys said, though they offered no evidence to support their claims. Under the law, grand jury investigations are considered secret, and prosecutors can face heavy penalties if they reveal information under unauthorized circumstances. “Senator Graham was well within his rights to discuss with state officials the processes and procedures regarding the conduct of the election,” they said. “If true, the subpoena issued today will erode the constitutional balance of power and a member of Congress’ ability to do their job.” They added that Mr. Graham “intends to go to court, challenge the subpoena and expects to prevail.” It is unclear on what grounds Mr. Graham could challenge the grand jury subpoena, which was approved by a Georgia judge who found that Mr. Graham made a phone call in December 2020 to Georgia Secretary of State Brad Raffensperger , in which the South Carolina senator asked Georgia’s top election official to “review certain absentee ballots taken in Georgia to explore the possibility of a more favorable outcome” for Mr. Trump, the first Republican candidate to lose the Peach State electoral votes after then-Arkansas governor Bill Clinton defeated George W. Bush. 1992 presidential election. Although the US Constitution’s “speech or debate” clause — which says members of the House and Senate “shall not be questioned in any other place” for “any speech or debate in either house” — has be construed to give members and their staff immunity from prosecution or civil suits for acts performed in the course of their official duties, Mr. Graham’s call to Mr. Raffensperger was not made in any official capacity. Representatives for Ms Willis and the House committee on January 6 did not immediately respond to requests for comment from the Independent.
