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Lindsey Graham’s latest Hail Mary to avoid testifying before grand jury is probably gonna fail

For a guy who claims to love law and order, Lindsey Graham has sure been doing a lot to avoid it. Unfortunately for him, Lady Justice is catching up quick.

After a lower federal court ordered last month that he appear before the special grand jury investigating alleged efforts by Republicans to overturn Georgia’s 2020 presidential election, he vowed to appeal the ruling.

Well, on Friday, prosecutors urged the 11th Circuit Court of Appeals to compel the anti-LGBTQ congressman to testify under oath, and their case was strong.

According to court docs filed in July, the grand jury wants to speak with Graham about those two phone calls he made to Brad Raffensperger after the 2020 election, during in which he allegedly pressured the Georgia Secretary of State to “explore the possibility of a more favorable outcome for former President Donald Trump.”

Related: Lindsey Graham caves to grand jury subpoena, whines that “we’re opening Pandora’s Box!”

“The Superior Court of Fulton County authorized a targeted subpoena compelling Sen. Graham to testify about possible attempts to disrupt the lawful administration of the 2020 elections in Georgia,” prosecutors argued in the amici curiae brief filed last Friday.

“The district court’s decision is correct: Senator Graham is not categorically immune from testifying about non-legislative activity under the Speech or Debate Clause. As the district court explained, even if legislative immunity covers some of the testimony contemplated by the subpoena, it certainly does not cover all of it.”

Graham has accused prosecutors of being on a “fishing expedition”, and his lawyers have argued that, as a sitting U.S. senator, he has “sovereign immunity” from state court procedures, as well as constitutional protection because “the testimony sought relates to matters within the legislative sphere.”

But prosecutors disagreed on Friday.

“The district court carefully assessed the facts, studiously applied controlling precedent, and took appropriate steps to modify the subpoena to safeguard Senator Graham’s prerogatives under the Speech or Debate Clause,” their 22-page filing read.

Related: Donald Trump reveals the reason Lindsey Graham “kisses my a**”

It continued: “To the extent Senator Graham harbors any lingering concerns that the district court’s order will allow an end-run around legislative immunity, the district court stands willing and able to adjudicate those disputes as they arise— as federal courts routinely do when resolving claims of privilege.”

“Until then, Senator Graham cannot escape questioning for his non-legislative acts by hiding behind the cloak of the Speech or Debate Clause.”

We’re not sure when the 11th Circuit Court of Appeals will issue its ruling on the matter but, given that Graham has lost literally every court fight in this matter so far, we’d say the odds are not in his favor.

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