No. 22A337
Title:Lindsey Graham, United States Senator, Applicant
v.
Fulton County Special Purpose Grand Jury
Docketed:October 21, 2022
Lower Ct:United States Court of Appeals for the Eleventh Circuit
   Case Numbers:(22-12696-DD)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Oct 21 2022Application (22A337) for stay and writ of injunction pending appeal, submitted to Justice Thomas.
Main DocumentLower Court Orders/OpinionsOtherProof of Service
Oct 22 2022Response to application (22A337) requested by Justice Thomas, due by 5 p.m. (EDT), Thursday, October 27, 2022.
Oct 24 2022Upon 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.
Oct 25 2022Motion for leave to file amicus brief filed by Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah.
Main DocumentProof of ServiceOtherMain Document
Oct 27 2022Response to application from respondent Fulton County Special Purpose Grand Jury filed.
Main DocumentProof of ServiceMain Document
Oct 27 2022Motion for leave to file brief of amicus curiae filed by Derek T. Muller.
Main DocumentProof of ServiceMain DocumentOther
Oct 27 2022Motion for leave to file amicus brief filed by Separation of Powers Clinic at Antonin Scalia Law School.
Main DocumentMain DocumentOtherProof of Service
Oct 27 2022Motion for leave to file brief for amici curiae filed by Former Federal Prosecutors.
Main DocumentOtherProof of Service
Oct 28 2022Reply of applicant Lindsey Graham, United States Senator filed.
ReplyProof of Service
Nov 01 2022Application (22A337) referred to the Court.
Nov 01 2022Application (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.

NAMEADDRESSPHONE
Attorneys for Petitioner
Donald Francis McGahn II
    Counsel of Record
Jones Day
51 Louisiana Ave., NW
Washington, DC 20001

DMcGahn@jonesday.com
(202) 879-3939
Party name: Senator Lindsey Graham, in his official capacity as United States Senator
Attorneys for Respondent
Fani Taifa Willis
    Counsel of Record
Fulton County District Attorney's Office
136 Pryor Street
Atlanta, GA 30303

Fani.WillisDA@fultoncountyga.gov
404-612-4981
Party name: Fulton County Special Purpose Grand Jury
Other
Judd Edward Stone II
    Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
512-936-1700
Party name: The States of Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah
R. Trent McCotter
    Counsel of Record
Antonin Scalia Law School/George Mason University
3301 Fairfax Dr.
Arlington, VA 22201

rmccotte@gmu.edu
202-706-5488
Party name: Separation of Powers Clinic at Antonin Scalia Law School
Joshua Adam Matz
    Counsel of Record
Kaplan Hecker & Fink LLP
1050 K Street NW
Suite 1040
Washington, DC 20001

jmatz@kaplanhecker.com
(212) 763-0883
Party name: Former Federal Prosecutors