Attorney General Paxton filed an amicus brief in the Atlanta-based U.S. Court of Appeals for the Eleventh Circuit in support of halting Senator Lindsey Graham’s deposition until his appeal has been fully resolved. 

After a Fulton County, Georgia, special purpose grand jury subpoenaed Senator Graham concerning his constitutionally-protected legislative investigation into the details of the 2020 presidential election, a federal judge denied Sen. Graham’s motion to quash the subpoena. Senator Graham is now seeking a stay of the subpoena pending his appeal to the Eleventh Circuit. 

The Speech and Debate Clause, present since our nation’s inception, ensures that legislators are able to conduct constitutionally-assigned duties without threat of future litigation. It also prevents the executive and judicial branches from unduly influencing or interfering with legislators’ ability to fulfill their duties.   

“The U.S. Constitution is clear. Senator Lindsey Graham was duty-bound to obtain any and all information surrounding our election systems that could impact or shape his legislative role, which is a constitutionally- protected process,” said Attorney General Paxton. “Due to the Fulton County special purpose grand jury’s repeated attempts to ignore that constitutional protection, the Eleventh Circuit should grant his request to stay the subpoena until the conclusion of his appeal.” 

To read the full brief, click here