Graham has argued that his position as a senator provides him immunity from having to appear before the grand jury.
Fulton County District Attorney Fani Willis has subpoenaed Graham to answer questions about phone calls he made to a senior Georgia election official in the weeks after the November 2020 election.
Last month, a federal judge narrowed the scope of questions that Graham must answer from the grand jury, rejecting Graham’s bid to avoid testifying altogether. Testimony from Graham could shed further light on Trump allies coordinating to reverse the election results.
The court this weekend requested a response from Fulton County, which is due on Thursday, so it is likely the Supreme Court will act again in the case soon. Thomas has the option to handle the application himself or refer the matter to the full court.
In court papers filed Friday, Graham urged the court to find that constitutional protections for lawmakers should shield him from being forced to comply with a subpoena issued by District Attorney Fani Willis (D).
Graham’s emergency application came after the U.S. Circuit Court of Appeals for the 11th Circuit last week said that questioning of Graham, within certain limits, could proceed.
