No. 22A337

Lindsey Graham, United States Senator v. Fulton County Special Purpose Grand Jury

Lower Court: Eleventh Circuit
Docketed: 2022-10-21
Status: Presumed Complete
Type: A
Amici (4) Experienced Counsel
Tags: None
Latest Conference: N/A

Question presented not available.

Docket Entries

2022-11-01
Application (22A337) referred to the Court.
2022-11-01
Application (22A337) for stay and an injunction pending appeal presented to Justice Thomas and by him referred to the Court is denied. The order heretofore entered by Justice Thomas is vacated. 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.
2022-10-28
Reply of applicant Lindsey Graham, United States Senator filed.
2022-10-27
Response to application from respondent Fulton County Special Purpose Grand Jury filed.
2022-10-27
Motion for leave to file brief of amicus curiae filed by Derek T. Muller.
2022-10-27
Motion for leave to file amicus brief filed by Separation of Powers Clinic at Antonin Scalia Law School.
2022-10-27
Motion for leave to file brief for amici curiae filed by Former Federal Prosecutors.
2022-10-25
Motion for leave to file amicus brief filed by Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah.
2022-10-24
Upon consideration of the application of counsel for the applicant, it is ordered that the August 15, 2022 order of the United States District Court for the Northern District of Georgia, case No. 1:22-CV-03027, as modified by the district court’s September 1, 2022 order, is hereby stayed pending further order of Justice Thomas or of the Court.
2022-10-22
Response to application (22A337) requested by Justice Thomas, due by 5 p.m. (EDT), Thursday, October 27, 2022.
2022-10-21
Application (22A337) for stay and writ of injunction pending appeal, submitted to Justice Thomas.

Attorneys

Former Federal Prosecutors
Joshua Adam MatzKaplan Hecker & Fink LLP, Amicus
Joshua Adam MatzKaplan Hecker & Fink LLP, Amicus
Fulton County Special Purpose Grand Jury
Fani Taifa WillisFulton County District Attorney's Office, Respondent
Fani Taifa WillisFulton County District Attorney's Office, Respondent
Senator Lindsey Graham, in his official capacity as United States Senator
Donald Francis McGahn IIJones Day, Petitioner
Donald Francis McGahn IIJones Day, Petitioner
Separation of Powers Clinic at Antonin Scalia Law School
R. Trent McCotterAntonin Scalia Law School/George Mason University, Amicus
R. Trent McCotterAntonin Scalia Law School/George Mason University, Amicus
The States of Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah
Judd Edward Stone IITexas Attorney General's Office, Amicus
Judd Edward Stone IITexas Attorney General's Office, Amicus