(CNN) — South Carolina Senator Lindsey Graham appears Tuesday before a Georgia grand jury investigating efforts to overturn the 2020 election.
Fulton County prosecutors investigating efforts by former President Donald Trump and his allies to undermine the results of the 2020 election in the Peach State want to question Graham about post-election calls he made to Georgia election officials about his interactions with of the Trump campaign, according to court documents.
Graham had fought for months to have his subpoena overturned. The Supreme Court ultimately declined to block the subpoena for the Republican senator’s grand jury testimony.
The Fulton County Sheriff’s Office confirmed that Graham arrived at the courthouse around 8 a.m. ET.
While Graham has been ordered to appear for questioning, the courts have allowed the senator room to object to certain questions, which could limit the scope of his testimony and responses.
Graham had argued that he should not have to comply with the subpoena because he was protected by the Constitution’s speech or debate clause, which shields lawmakers from some criminal or civil proceedings related to their legislative duties.
The courts ruled that Graham could not be questioned about the finding of fact he had made in connection with his decision to confirm the 2020 election results. However, a federal appeals court found that “coordination with the Trump campaign regarding its post-Georgia election efforts, public statements about the 2020 election, and efforts to ’cause’ or ‘admonish’ Georgia election officials” did not constitute legislative activity .
Following Graham’s 2020 phone call with Georgia’s Foreign Minister Brad Raffensperger, Raffensperger said he felt Graham was suggesting he discard some ballots.
“It was just a hint of, ‘Look closely and see how many ballots you could throw away,'” Raffensperger told CNN at the time. Raffensperger has since testified before the Fulton County Grand Jury.
Graham has denied ever suggesting Raffensperger cast any ballots.
Trump’s former national security adviser, Michael Flynn, who has been spreading conspiracies about the 2020 election, was originally scheduled to testify Tuesday but was suspended by an appeals court while he tries to challenge his subpoena.
Former Trump White House Counsel Eric Herschmann was also subpoenaed to testify Tuesday, according to court documents. However, it is unclear if he will appear. Other Witnesses have been able to negotiate privately to move their subpoena dates or have challenged their subpoenas in court. An attorney for Herschmann did not respond to CNN’s requests for comment.
Fulton County District Attorney Fani Willis has continued to fight in court for testimony from a handful of witnesses she wants to hear from in her investigation. Willis previously said she plans to complete the grand jury’s investigation this year. And in a separate trial, a prosecutor for her office said the grand jury doesn’t plan to hear testimony much longer.