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Court rules Graham must testify - with conditions

Sen. Lindsey Graham, R-S.C., listens during a hearing on the fiscal year 2023 budget for the FBI in Washington, on May 25, 2022. Attorneys for Graham said in a court filing on July 13, he wasn't trying to interfere in Georgia's 2020 election when he called state officials to ask them to reexamine certain absentee ballots after President Donald Trump's narrow loss to Democrat Joe Biden.
Ting Shen/Pool Photo
/
via AP, File
Sen. Lindsey Graham, R-S.C., listens during a hearing on the fiscal year 2023 budget for the FBI in Washington, on May 25, 2022. Attorneys for Graham said in a court filing on July 13, he wasn't trying to interfere in Georgia's 2020 election when he called state officials to ask them to reexamine certain absentee ballots after President Donald Trump's narrow loss to Democrat Joe Biden.

A federal appeals court has ruled that U.S. Sen. Lindsey Graham (R-S.C.) must testify before a special grand jury investigating whether then-President Donald Trump and others illegally tried to influence the 2020 election in Georgia.

The ruling by a three-judge panel of the 11th U.S. Circuit Court of Appeals paves the way for Fulton County District Attorney Fani Willis to bring Graham in for questioning. She wants to ask the South Carolina Republican about phone calls he made to Georgia Secretary of State Brad Raffensperger in the weeks after the election.

Graham has challenged his subpoena, saying his position as a U.S. senator protected him from having to testify in the state investigation. He could appeal the ruling to the full appellate court.

In their ruling Thursday, the appellate judges ruled that Willis “can ask about non-investigatory conduct that falls within the subpoena’s scope” but “may not ask about any investigatory conduct.