Special grand jury said Lindsey Graham should have been indicted. This is how he’s tied to case

ATLANTA — Among the nearly three dozen people who a special grand said should have been indicted in the Georgia election interference case was South Carolina U.S. Sen. Lindsey Graham.

A Fulton County judge released the full final report Friday of the special purpose grand jury that wrapped up its investigation in January.

The report led to the indictment of former President Donald Trump and 18 others who are accused in a conspiracy to overturn the 2020 election here in Georgia.

Graham did not want to testify before the Fulton County special purpose grand jury last summer.

[TIMELINE: Fulton County investigation into potential interference in Georgia elections]

He didn’t want to talk about a phone call he made to Georgia Secretary of State Brad Raffensperger asking him about tossing out certain absentee ballots from certain Democratic-leading counties in a way that would favor then-President Donald Trump.

Graham insisted the call was merely a fact-finding mission trying to find out more about the election in Georgia before he cast his vote to certify the election, which he did on Jan. 6.

“We will be going to court to contest the subpoena. Stay tuned. Our lawyers are involved, and we’ll keep you updated,” Graham said.

Graham tried multiple times to keep from testifying, prompting a filing from Fulton County District Attorney Fani Willis comparing Graham’s phone call to Trump’s now infamous call with Raffensperger where he asked the secretary to “find” 11,780 votes.


“(Graham’s) actions certainly appear interconnected with former President Trump’s similar efforts to pressure Georgia elections officials into finding 11,780 votes and to spread election fraud disinformation.”

Channel 2 Action News was outside the Atlanta federal courthouse when Graham’s attorneys argued unsuccessfully that the senator’s calls were simply a protected legislative act.

“Are y’all here for Sen. Graham?” Channel 2′s Richard Elliot asked Graham’s attorney and former White House counsel Don McGahn.

“We are here,” McGahn answered.

A judge eventually disagreed and ordered Graham to testify.

The special purpose grand jury report said it believed a number of witnesses lied to them and should be charged with perjury.

In the report, jurors were split, the majority of them said Graham should be indicted on charges tied to the effort in seven swing states to overturn the election on a national level.

When asked by reporters in Washington, DC, earlier this year, Graham insisted he’d been truthful with them the entire time.

“What’s your reaction to the grand jury’s recommendation that perjury charges should be pursued?” a reporter asked.

“I have no idea,” Graham told the gaggle of reporters at the time. “Ask them, ask them.”

“So, you’re confident you’re not one of the people that perjured themselves?” a reporter asked Graham.

“I’m confident that I testified openly and honestly,” Graham said.

Graham sent us a statement Friday, saying:

“As the then-Chairman of the Senate Judiciary Committee, I had to decide whether to hold a hearing regarding the allegations of election misconduct in Georgia and other locations, as well as whether to certify the election results.

“I had questions, as did many others, about how the mail ballot process worked in Georgia and other locations.  I did my due diligence.  At the end of the day, I voted to certify the election results from every state including Georgia.

“It should never be a crime for a federal elected official, particularly the Chairman of the Senate Judiciary Committee, who will have to vote to certify a presidential election, to question and ensure the integrity of that election.”


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