‘Lindsey Graham’s Case Is Going Nowhere’: Neal Katyal Pans Senator’s Attempt to Avoid Testifying in Criminal Probe
Former Acting Solicitor General Neal Katyal threw cold water on Sen. Lindsey Graham’s (R-SC) effort to avoid testifying in a Georgia criminal probe.
The Fulton County district attorney is investigating former President Donald Trump’s attempt to overturn the results of the 2020 election in Georgia. In January 2021, Trump tried to pressure Secretary of State Brad Raffensperger to “find” him the number of votes necessary to push him over the top in the state after he’d already been declared the loser.
Graham also called Raffensperger – 10 days after the 2020 election – to reportedly ask whether the secretary of state had the power to throw out mail-in ballots in certain counties.
Fulton County District Attorney Fani Willis has subpoenaed Graham as part of the investigation, but that was temporarily halted when Justice Clarence Thomas granted an emergency petition by Graham on Monday.
Appearing on Monday’s The Beat with Ari Melber, Katyal explained why the order is likely a pyrrhic victory for Graham.
“I suspect that Lindsey Graham’s case is going nowhere and going nowhere fast,” he stated. “So, Graham is arguing that Article I, Section 6 of the Constitution provides him immunity from having to testify and comply with the subpoena, which is something you and I would have to do every day of the week.”
Katyal explained Graham is arguing that he was working in his official capacity as a lawmaker when he contacted Raffensperger. He also noted a previous ruling by an appeals court of three judges that ordered Graham to testify. Two of those judges were appointed by Trump.
“So, Lindsey Graham’s attorneys then rushed to the Supreme Court and said, ‘Hear our case, hear our case.’ And all that happened today was Justice Thomas put a temporary pause for a few days and said, ‘Look, don’t interview Senator Graham now while these papers are coming into the U.S. Supreme Court.’ But they haven’t stopped Graham from testifying for all time.”
Katyal concluded by saying he’d be “surprised” if Graham succeeded in avoiding testifying altogether.
“I don’t see much merit to this case, so I’d be very, very surprised if the U.S. Supreme Court agrees to hear the case,” he said. “If they do, I’d be even more surprised if somehow Lindsey Graham won this thing. I think the decision by the court of appeals was incredibly strong.”
Watch above via MSNBC.
