Sen. Lindsay Graham (R-SC) leaves the Senate floor after voting no on a procedural vote on federal legislation protecting same-sex marriages, at the U.S. Capitol on November 16, 2022 in Washington, DC.
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Sen. Lindsey Graham, R-S.C., on Tuesday testified before a Georgia grand jury investigating possible interference in the 2020 presidential election, a source familiar with the planning confirmed to NBC News.
Graham’s testimony was expected to begin at 9 a.m. ET. He departed the courthouse more than two hours after his arrival, the source said.
It is unclear if he answered any of the jury’s questions. NBC News reached out to Graham’s lawyers and his Senate office for comment.
The Supreme Court earlier this month rejected Graham’s request to quash a subpoena from the grand jury in the Georgia probe. Fulton County District Attorney Fani Willis, who is heading the investigation, is seeking details about phone calls Graham made to top election officials in Georgia amid disproven allegations from then-President Donald Trump about widespread voter fraud in the 2020 election.
The Supreme Court’s ruling allowed the grand jury’s subpoena to be enforced, but Graham could refuse to answer questions by invoking his right against self-incrimination under the Constitution’s Fifth Amendment.
Graham had argued that he shouldn’t have to offer testimony about the calls because it was part of his duties leading up to Congress’ vote to certify the election results, and therefore the subpoena infringes upon the Constitution’s speech or debate clause that protects lawmakers from investigations over comments they make in their official duties.
Willis’ office is probing a pair of post-election phone calls Graham made to Secretary of State Brad Raffensperger and his staff. Raffensperger, a Republican targeted by Trump and his allies, alleged that Graham suggested that he had the authority to reject certain legally cast ballots. Graham denied having made such a suggestion, saying he was trying to understand the state’s process for verifying ballot signatures.