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FIRST ON FOX: Sen. Lindsey Graham, R-S.C., will enchantment the choice by a federal decide forcing him to adjust to a subpoena to seem earlier than a grand jury as a part of the investigation into whether or not former President Donald Trump and others violated any legal guidelines throughout the latter’s efforts to reverse the state’s final result within the 2020 presidential election.
In an unique assertion to Fox Information Digital, a spokesperson for Graham accused the decide of ignoring constitutional textual content and Supreme Court docket precedent, citing the Structure’s Speech or Debate Clause.
“The Structure’s Speech or Debate Clause prevents an area official from questioning a senator about how that senator did his job. Right here, Senator Graham was doing his due diligence earlier than the Electoral Depend Act certification vote – the place he voted to certify the election,” the assertion stated.
“Though the district courtroom acknowledged that Speech or Debate could defend a few of Senator Graham’s actions, she nonetheless ignored constitutional textual content and binding Supreme Court docket precedent, so Senator Graham plans to enchantment to the eleventh Circuit,” it added.
In the Monday ruling, the decide stated the Graham didn’t take pleasure in sovereign immunity from being known as by state prosecutors, regardless of his argument that, as a senator, he has immunity concerning being questioned over legislative acts.
Fox Information’ Ronn Blitzer contributed to this report.