Sen. Lindsey Graham (R-SC) speaks during a news conference at the U.S. Capitol on May 10, 2022 in Washington, DC.
Win McNamee | Getty Images
Sen. Lindsey Graham agreed Tuesday to accept service of a subpoena to testify before a Georgia grand jury investigating possible criminal interference in the 2020 election by then-President Donald Trump.
But Graham, RS.C., still reserves the right to challenge the legality of the subpoena, a court filing showed.
The Atlanta-based grand jury is looking for evidence related to efforts by Trump and others to get Georgia officials to overturn the election won there by President Joe Biden.
Graham’s agreement to accept the subpoena is likely to streamline his dispute with Fulton County District Attorney Fannie Willis over the request for his testimony.
The Republican lawmaker, one of Trump’s closest confidants in the Senate, asked a federal judge in South Carolina last week to quash the subpoena issued by Willis.
But Willis, in a court filing Monday, told the judge that Graham’s challenge was premature and not filed in the right court. She said the fact that Graham has not yet been served with the subpoena makes any suggestion that it be quashed premature and that he may not be served in South Carolina.
On Tuesday, attorneys for both sides told the judge that Willis and Graham “have reached an agreement to withdraw all pending lawsuits and proceedings” in South Carolina district court.
“Senator Graham has agreed to accept service of a subpoena from the Fulton County Special Purpose Grand Jury in Atlanta, Georgia without waiving any challenges or any applicable privilege and/or immunity,” the lawyers wrote in the court filing.
Any future challenges to the subpoena will be heard in Georgia, either in Fulton County Superior Court or in U.S. District Court in Atlanta.
A hearing scheduled for Wednesday morning in a South Carolina court has been canceled.
This is breaking news. Please check back for updates.
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