For some strange reason, Lindsey Graham doesn’t want to answer any questions about the “perfect call” (the second of Trump’s presidential term, this one to the Georgia Sec. of State), and it might have something to do with Lindsey’s own not very perfect call into the same office. One would think it would be a lot cheaper and easier for Lindsey just to go in and answer everything about all the perfection flying around.

And yet that’s not his plan. Law and Crime breaks down the essentials:

Sen. Lindsey Graham (R-S.C.) has retained Donald Trump’s former White House counsel Don McGahn to pursue his newly refiled federal lawsuit challenging a subpoena in connection with a special grand jury investigation on attempts to overturn the 2020 election results.

In July, Graham filed a federal lawsuit in South Carolina seeking to quash an order forcing him to testify before a special grand jury empaneled by Fulton County District Attorney Fani Willis (D). Graham, then and now, has argued that he’s “immune” under the U.S. Constitution’s speech or debate clause.

Wait. Wut? Speech and debate clause?

“The Clause provides Senator Graham both an immunity and privilege in this context because the testimony sought relates to matters within the legislative sphere,” Graham’s attorneys E. Bart Daniel and Matt Austin wrote in their initial memorandum. “Sovereign immunity also precludes state court process against Senator Graham given the acts occurred within his official capacity.”

Ummm, correct. “Within the legislative sphere”?

Let’s take care of this right quick like as they would down ‘Carolina way:

In United States v. Brewster, 408 U.S. 502 (1972), the Court distinguished between “purely legislative activities,” which the Speech and Debate Clause protected, and merely political activities, which it did not. In Gravel v. United States (1972), the Supreme Court extended the speech and debate clause to protect congressional aides, described as “alter egos,” for work in connection with such speeches, but limited the privilege to “legislative activity.”

It refused to extend the privilege to the subsequent publication of materials read in congressional debates — in this case the Pentagon Papers.

Yeah, a phone call in which one says, “Find me the damned votes!! Guys, come on, give me a break!” And Lindsey’s own call about maybe using some of those signature verifications to get rid of some votes, that type of thing would seem to fall under “political activities and possible criminal political activities.” As of yet, Republicans haven’t passed a law allowing  them just to call secretaries of state to instruct them as to who won.

Lindsey must not want to answer questions. Wonder why?

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[email protected], @JasonMiciak, with Nicole Hickman