Sen. Lindsey Graham’s (R-S.C) legal team on Wednesday said he will challenge the subpoena from Fulton County, Ga., investigators probing former President Trump’s interference in the 2020 election in the county, calling the investigation “all politics” and a “fishing expedition.”
Atorneys Bart Daniel and Matt Austin said in a statement their client was “neither a subject nor target of the investigation, simply a witness” and said they expect to “prevail” in the legal challenge.
“Fulton County is engaged in a fishing expedition and working in concert with the January 6 Committee in Washington,” the attorneys said of the House panel investigating the rioting at the U.S. Capitol last year. “Any information from an interview or deposition with Senator Graham would immediately be shared with the January 6 Committee.”
The Fulton County grand jury on Monday subpoenaed Graham as well as Trump allies Rudy Giuliani and John Eastman.
Fulton investigators are probing Trump’s alleged attempt to sway the election in his favor in the Georgia county, including when he made a call to Secretary of State Brad Raffensperger asking him to “find” enough votes for Trump to win the election. During the early January 2021 call, Trump also pressured Raffensperger to audit the election results in Fulton County.
In the subpoena, investigators said Graham had two phone calls with Raffensperger following the 2020 election.
The Jan. 6 House committee is also probing Trump’s alleged attempts to overturn the 2020 election, which they say culminated in the deadly Jan. 6, 2021, insurrection at the U.S. Capitol.
In Georgia, the panel began hearing from witnesses last month, including Raffensperger. After hearing the evidence, the special grand jury will recommend to county prosecutors whether to bring a case against Trump for election interference.
Graham’s attorneys said in their statement that “Graham was well within his rights to discuss with state officials the processes and procedures around administering elections.”
“Should it stand, the subpoena issued today would erode the constitutional balance of power and the ability of a Member of Congress to do their job,” they wrote. “Senator Graham plans to go to court, challenge the subpoena, and expects to prevail.”