Judge: Sen. Graham must testify in Georgia election probe

Sen. Lindsey Graham, R-S.C., addresses a South Carolina GOP dinner July 29, 2022, in Columbia, S.C. Graham has brought on former President Donald Trump's former White House counsel Don McGahn, who was in federal court in Atlanta last week as part of a legal team fighting a subpoena for Graham. (AP Photo/Meg Kinnard, File)

A federal judge on Monday said U.S. Sen. Lindsey Graham must testify before a special grand jury in Atlanta that is investigating whether former President Donald Trump and his allies broke any laws while trying to overturn his narrow 2020 general election loss in the state.

Attorneys for Graham, a Republican from South Carolina, had argued that his position as a U.S. senator provided him immunity from having to appear before the investigative panel and asked the judge to quash his subpoena. But U.S. District Judge Leigh Martin May wrote in an order Monday that immunities related to his role as a senator do not protect him in this case.

Fulton County District Attorney Fani Willis opened the investigation last year, and a special grand jury with subpoena power was seated in May at her request. Last month she filed petitions seeking to compel testimony from seven Trump advisers and associates.

Prosecutors have indicated they want to ask Graham about phone calls they say he made to Georgia Secretary of State Brad Raffensperger and his staff in the weeks following the election.