Lindsey Graham Knows What the Georgia Grand Jury Wants to Know

Charles Pierce / Esquire
Lindsey Graham Knows What the Georgia Grand Jury Wants to Know Sen. Lindsey Graham plans to defy Fulton Country Grand Jury subpoena. (photo: Brandon Bell/Getty)

Which is why he'd rather not, thank you.

Lindsey Graham would rather not, thank you. From the Atlanta Journal-Constitution:

In a statement issued Wednesday on the Republican’s behalf, Graham’s attorneys called the Fulton probe a “fishing expedition.” Lawyers Bart Daniel and Matt Austin indicated the senator did nothing wrong when he called Georgia Secretary of State Brad Raffensperger and his staff after the 2020 elections to ask about procedures for counting absentee ballots. “As Chairman of the Senate Judiciary Committee, Senator Graham was well within his rights to discuss with state officials the processes and procedures around administering elections,” Daniel and Austin wrote.“Should it stand, the subpoena issued (Tuesday) would erode the constitutional balance of power and the ability of a Member of Congress to do their job.” They concluded, “Senator Graham plans to go to court, challenge the subpoena, and expects to prevail.”

Wait a moment. Leave aside the fact that Graham was no more representing the Senate Judiciary Committee when he contacted Raffensperger than he was representing the Sacred College of Cardinals. He was plainly calling as a campaign operative. Graham’s lawyers are telegraphing the fact that they intend to stretch the limits of the Senate “speech and debate clause” halfway to Neptune.

The “Speech and Debate” clause of the U.S. Constitution shields members of the House and Senate from being questioned in court about their legislative activities and the motivations behind them. But prosecutors are likely to argue that Graham was acting far outside of his official duties when he questioned the top elections official of another state.

In addition, the entire conservative judicial project is now moving headlong into giving state legislature nearly absolute authority over all elections. In that scenario, if we’re being completely honest, then Senator Lindsey Graham, United States Senator from South Carolina, has no damn business involving himself in how Fulton County, or the state of Georgia, run their elections. He’s free to argue this, and he might even get a sympathetic judge, but it’s a preposterous position for him to take. A grand jury in Georgia is no threat to separation of powers, especially in our modern states-rights context. But Senator Graham would rather not, because he knows what the grand jury wants to know.

Meanwhile, in Washington, Pat Cipollone, the former White House counsel, has decided that, yes, he will, but only within limits and behind closed doors. From NBC News:

The interview with Cipollone will be transcribed and videotaped, according to a person familiar with the matter. His appearance before the panel comes as a result of a subpoena issued to him last week. The committee didn't return a request for comment. Cipollone, considered a critical witness whose testimony lawmakers have suggested is a missing link, previously met with committee investigators in April for an informal interview. The former White House lawyer had previously resisted cooperating with and speaking formally with the panel.

Small steps, granted. But I can’t blame the committee for wanting to hear from Cipollone in private. He’s a reluctant witness cloaked in an arguable assertion of privilege. Better find out the parameters of what he’s willing to say to the committee first. Then, when (or if) they bring him out into a public hearing, they’ll know what they’ll get. The one thing this committee has been careful to avoid is having its public hearings hijacked the way the special Iran-Contra hearings were hijacked by the bluster and medals of Oliver North. Maybe, one day, even Senator Lindsey Graham will rediscover his constitutional duty, too. Or not.

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