From the motion to quash Fulton County grand jury subpoena to Lindsey Graham: “After the 2020 election, Senator Graham had two months before he had to vote to certify the results of the election under the Electoral Count Act. As Senator and Chair of the Judiciary Committee, he also had to examine the issues that arose from that election and determine whether to hold hearings or propose legislation. As part of his legislative investigation, the Senator made phone calls to the Georgia Secretary of State, which helped him decide to vote to certify Joe Biden as President. Faced with the Senator’s investigation, which is objectively ‘legislative,’ the District Attorney here wants to question Senator Graham about his subjective ‘motivation[s]’ for making the calls.”
“She does not claim to know those motivations – she alleges nothing concrete about them. She instead essentially says that ‘we don’t know what we don’t know’ and then speculates about how those blanks might be filled in. Our Constitution and laws, however, prevent this speculative inquiry into Senator Graham’s motives and legislative activity. The District Attorney’s response rests nearly entirely on the idea that this is ‘a grand jury’s criminal investigation’ into ‘third-party criminal’ conduct, as if the relevant immunities fall away in the face of criminal proceedings.”