The January 6 Project

Justice Thomas Temporarily Blocks Sen. Graham’s Testimony in Fulton County

By Katherine Pompilio
Monday, October 24, 2022, 3:44 PM

On Oct. 24, U.S. Supreme Court Justice Clarence Thomas issued an administrative stay of the 11th Circuit Court’s order forcing Sen. Lindsey Graham to testify before the Fulton County Special Grand Jury investigating the alleged attempts of former President Donald Trump and his allies to overturn the results of the 2020 presidential election in Georgia. Thomas—who supervises the 11th Circuit—handed the order down individually. 

Fulton County District Attorney Fani Willis issued a subpoena to Graham on July 5 for his testimony in connection with phone calls he made to a Georgia election official in the weeks following the 2020 presidential election. On Oct. 20, the 11th Circuit rejected Graham’s emergency motion to stay an Aug. 19 district court order requiring him to testify before the Fulton County Special Grand Jury, finding that Graham’s claims of total immunity under the Speech or Debate Clause were invalid. On Oct. 21, Graham brought the case to the Supreme Court, asking for emergency stay pending appeal from the high court.

You can read the order here or below: