The Week Ahead

Sunday, August 21, 2022

If the past couple of weeks are prologue, this week is bound to be another barn burner. On Thursday, there’s a hearing in Florida, where a magistrate judge will consider whether to release a redacted version of the affidavit DOJ used to obtain its search warrant for Mar-a-Lago. Even if the judge decides to release parts of the affidavit, there will be an appeals process following his ruling, and it’s likely we’re still months off from having any reading material in our hands.

Instead, this week, I’ll be focusing on Georgia. After a federal judge ordered South Carolina Senator Lindsey Graham to testify in the Fulton County DA’s investigation this week, he appealed the ruling to the 11th Circuit court of appeals. That court is permitting Graham to skip his scheduled testimony this week and has remanded the case back to the district judge for a decision on whether the speech and debate clause privilege afforded to members of Congress for conducting their official responsibilities means there should be a “quashel” of the subpoena, at least in part. Although they’ve directed her to give the parties the opportunity to brief the issue before she reaches a decision, they also seem to contemplate she will conduct expedited proceedings.

I’ll be paying attention to what happens next as Graham desperately tries to avoid testimony under oath in a matter where he’s been advised he’s merely a witness, not a target. I’ve cut and pasted the 11th Circuit’s 2-page order below my signature for you to take a look. For those who like to take account of these things, the panel judges include two Trump appointees to the 11th Circuit and one former U.S. Attorney, who was appointed by President Clinton.

A decision for Graham could also impact whether Georgia Congressman Jody Hice, who has already been ordered to testify, will go ahead. Hice participated in spreading false claims of voter fraud and participated in a December 2020 White House meeting involving the pressure campaign to convince Vice President Mike Pence to refuse to certify the election results.

A number of other witnesses including Georgia Secretary of State Brad Raffensperger and his wife, as well as Georgia’s Attorney General Chris Carr (who took a call from Trump in December), have already testified. But Fulton County DA Fani Willis still has miles to go. She’s “negotiating” with Georgia Governor Kemp for his testimony. Word surfaced last week that politics had reared its ugly head in those conversations and Willis decided it was time to play tough. She also has Trump lawyers John Eastman and Kenneth Chesebro ahead of her—the latter is scheduled to testify at the end of the month. Trump lawyers Cleta Mitchell and Jenna Ellis are also on deck.

So, there’s a lot going on in Atlanta. I’ll try to keep you informed of any developments this week.

Until then, remember to encourage people around you to register and vote. Civil Discourse works! An NBC News poll that was released today found that “threats to democracy” has topped “cost of living” as the most important issue we face. Our best hope is for people to vote in the midterms like their future depends on it, because, of course, it does. So, continue to talk with people every chance you get. Show them how easy it is to register to vote or check their registration status on vote.org.

We’re in this together,

Joyce

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

                          _________________________

No. 22-12696-DD _________________________

FULTON COUNTY SPECIAL PURPOSE GRAND JURY,

versus in his official capacity as United States Senator,

                          __________________________

Plaintiff - Appellee,

Defendant - Appellant.

LINDSEY GRAHAM,

On Appeal from the United States District Court for the Northern District of Georgia __________________________

WILSON, NEWSOM, and GRANT, Circuit Judges.

The district court’s August 15, 2022 order remanding the case to the Superior Court of Fulton County for further proceedings (Doc. 27) is TEMPORARILY STAYED pending resolution of the “Emergency Motion by Senator Lindsey O. Graham to Stay District Court’s Order and Enjoin Select Grand Jury Proceedings Pending Appeal,” which is HELD IN ABEYANCE pending a limited remand.

This case is REMANDED to the district court for the limited purpose of allowing the district court to determine whether Appellant is entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury based on any protections afforded by the Speech or Debate Clause of the United States Constitution.

The parties shall brief the issue of whether Appellant is entitled to a partial quashal or modification of the subpoena in the district court. The district court shall expedite the parties’ briefing in a manner that it deems appropriate.

Following resolution of the partial-quashal issue on limited remand, the matter will be returned to this Court for further consideration.