The SCOTUS ruling on the Graham subpoena may not be as good as it seems.

[onenote]

Last edited Tue Nov 1, 2022, 11:41 PM - Edit history (1)

This part of the Court's order hasn't received the attention it should:

"The lower courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged in constitutes legislative activity protected by the Speech or Debate Clause, U. S. Const. Art. I, §6, cl. 1, and they held that Senator Graham may not be questioned about such activities. The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. Accordingly, a stay or injunction is not necessary to safeguard the Senator’s Speech or Debate Clause immunity."

My concern is that Graham will take advantage and continuously run to the court challenging specific questions and then seek review of the district court's ruling on each.

[Alexander Of Assyria]

1. Its all good news! Lower court appellate ruling completely upheld is not bad news!?

The part about this traitor helping traitor tRump overthrow the will of the people in Georgia is NOT fact finding…so why do you call the election fellows, and what did you want…??

That will be the permitted line of questioning and thats just grat!

[onenote]

3. Hopefully not. But it opens the door to more delay

since he can challenge specific questions and force the District Court to rule on them.

[FBaggins]

5. Nothing really substantial there

It's just a disclaimer to say "all we're dealing with is that he can't avoid testifying at all". If he's asked questions that ARE privileged in some way... of course he can still object. But that won't keep the other questions from being asked.

[Sneederbunk]

6. Get thy ass to Georgia.

[UTUSN]

7. K&R