A federal judge won't put on hold her ruling that Sen. Lindsey Graham must appear before the Fulton County special grand jury that's investigating Republican efforts to overturn the 2020 presidential election results in Georgia.
Graham had asked US District Judge Leigh Martin May on Thursday to put on hold her earlier decision not to quash Graham's subpoena.
Graham also has filed an emergency request with the US Court of Appeals for the 11th Circuit, asking it to put the subpoena on hold while his appeal plays out. The 11th Circuit court has not yet acted on that request.
The subpoena demands that Graham appear on Tuesday before the grand jury.
Earlier Friday, the Fulton County District Attorney's Office wrote in a court filing that Graham should have to appear to testify before the county's special purpose grand jury next week because he is "crucial" to its investigation and "not simply because he possesses necessary and material information but also because he is expected to provide information regarding additional scources of relevant information."
It went on to say that "delaying the Senator's testimony would not simply postpone his appearance; it would also delay the revelation of an entire category of relevant witnesses or information."
The filing was in response to Graham's attempts to get a federal judge to stay a decision requiring him to appear before the special purpose grand jury until he can appeal.
Graham has argued that he should not be forced to testify before the grand jury, which is investigating efforts to overturn the 2020 result in Georgia -- which saw Democrat Joe Biden narrowly win the state -- because his actions surrounding the state's election were related to legislative activity as then-chair of the Senate Judiciary Committee and should be protected under the Constitution's speech and debate clause.
In their response, Georgia prosecutors argued, "Given the possibility that Senator Graham's testimony could reveal additional routes of inquiry, staying remand and enjoining his appearance at this stage could ultimately delay the resolution of the (Special Purpose Grand Jury)'s entire investigation."
"The public interest is served by allowing Senator Graham's appearance to proceed, ensuring the efficient continuation of the Special Purpose Grand Jury's investigation," Chief Senior Assistant District Attorney F. McDonald Wakeford wrote.
Fulton County District Attorney Fani Willis, a Democrat who is leading the investigation into former President Donald Trump and his allies, has said in court filings that Graham's actions appear interconnected with Trump and that the grand jury needed to hear from the senator about at least two calls he made to Georgia Secretary of State Brad Raffensperger and his staff in the wake of the 2020 election.
____________
A Republican candidate for the House from St. Augustine is banned from Twitter after advocating violence against the federal government.
Republican Luis Miguel, running against incumbent Rep. Bobby Payne of Palatka in the redrawn House District 20, was suspended from Twitter after a tweet advocating that Floridians should be able to shoot federal agents on sight.
“Under my plan, all Floridians will be able to shoot FBI, IRS, ATF, and all other federal troops on sight,” Miguel tweeted. “Let freedom ring.”
Miguel told Florida Politics Friday the suspension, which is “permanent” per a message he got on his Twitter app, “doesn’t affect (him) at all.” He stands by the proposal, which he says is justified because the IRS has been “weaponized by dissident forces.”
Payne rejected Miguel’s comments.
“The FBI is law enforcement,” the legislator noted, and regardless of how people felt about any enforcement action, including the controversial seizure of documents from Donald Trump‘s Mar-a-Lago, law enforcement should be respected.
Noting he’d never met the “anti-establishment” Miguel, he said candidates like this without a viable resume often are driven to wild statements to get attention, and their primary function is to “divide the party” in Primaries.
Miguel and Payne are in an open Primary in the new HD 20, a district where Republicans dominate registration, but Democrats and no-party voters can vote in this election.
Miguel raised just over $4,000 as a candidate, meaning social media was key to his messaging. Payne raised nearly $140,000 in hard money and has not needed to spend it against his challenger. He had more than $110,000 on hand as of Aug. 5.
Payne was first elected in 2016, and if re-elected this will be his final term in Tallahassee.