Clarence Thomas invokes little-known it’s OK to conspire to rig an election if you’re a US Senator clause of Constitution
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Pretty sure the Federalist Society has a copy that highlights this section.
Justice Clarence Thomas on Monday agreed to temporarily freeze a lower court order requiring the testimony of Republican Sen. Lindsey Graham in front of an Atlanta-area special grand jury that is investigating efforts to overturn the 2020 presidential election in the state.
Thomas acted alone because he has jurisdiction of the lower court that issued the original order.
Thomas’ move is an administrative stay that was most likely issued Monday to give the Supreme Court justices more time to consider the dispute.
The court has asked for a response from the Georgia investigators by Thursday.
Fulton County District Attorney Fani Willis, a Democrat, is spearheading a special grand jury investigation into Donald Trump-aligned efforts to manipulate the results of the 2020 election in Georgia. She has indicated that she would like to question Graham on calls he made to election officials in Georgia after the election.
The South Carolina Republican senator is arguing that such testimony is foreclosed by the Constitution’s Speech or Debate clause, which shields legislators from certain law enforcement action for conduct connected to their legislative duties.
A spokesperson for Fulton County declined to comment on Thomas’ move to pause the subpoena. CNN has reached to representatives for Graham.
Lower courts had said that, to the extent Graham was making the calls to the Georgia election officials as part of fact-finding for the congressional certification of President Joe Biden’s win, that could be out of bounds under the Constitution. But the 11th US Circuit Court of Appeals had said that “communications and coordination with the Trump campaign regarding its post-election efforts in Georgia, public statements regarding the 2020 election, and efforts to ‘cajole’ or ‘exhort’ Georgia election officials” are not legislative activities protected by the Speech and Debate Clause.”