Fulton County District Attorney Fani Willis, who is leading the investigation into Trump and his allies, told the court the grand jury needed to hear from Graham about at least two phone calls Graham made to Georgia Secretary of State Brad Raffensperger and his staff. after the 2020 elections.
“During the telephone conversations, the Witness asked Secretary Raffensperger and his staff about reviewing certain absentee ballots cast in Georgia to explore the possibility of a more favorable outcome for former President Donald Trump,” Willis wrote in court. her asking for Graham’s testimony. “The Witness also addressed allegations of widespread voter fraud in the November 2020 election in Georgia, according to public statements made by known Trump Campaign associates.” Fulton County Superior Court Judge Robert McBurney, who is overseeing the grand jury, signed the subpoena, saying, “The Court finds that the Witness, based on the substance and timing of the telephone calls he personally made to the Georgia Secretary of State , Brad Raffensperger is a necessary and essential witness in this investigation.” In Graham’s filing to block the subpoena, his lawyers said the senator’s calls to Georgia officials were legislative activity and that his activities were protected by the Constitution’s Speech and Debate Clause. “Senator Graham did not insert himself into the Georgia election process and never attempted to change the outcome of any election. The discussion was about absentee ballots and Georgia procedures,” according to Graham’s court filing. His contact with Georgia officials “is legislative activity that falls under Senator Graham’s responsibility to investigate and oversee as then-Chairman of the Senate Judiciary Committee and a sitting United States Senator who had to determine whether to certify electoral votes before a joint session of Congress. “ Raffensperger told CNN in November 2020 that Graham — a South Carolina Republican who was then chairman of the Senate Judiciary Committee — hinted that Raffensperger should try to throw out some Georgia ballots during of a statewide audit. “He asked if the ballots could be matched with the voters,” Raffensperger told CNN’s Wolf Blitzer on “The Situation Room” at the time. “And then I got the feeling that you could throw them out for any if you look at the counties with the highest signature error rate. That’s the impression I get.” “It was just an implication of ‘Look hard and see how many ballots you could throw away,’” Raffensperger added. Asked if he was trying to pressure the secretary of state to cast legal ballots, Graham told CNN at the time: “That’s ridiculous.” Graham said he was trying to figure out how signatures on mail-in ballots for various battleground states were verified. On Wednesday, reporters pressed Graham on whether he would appear before a grand jury if ordered to do so by a judge. “Call me when the court rules,” Graham said. CNN’s Katelyn Polantz contributed to this report.