Federal judge declines to quash Sen. Lindsey Graham's Georgia election probe subpoena

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A federal judge in Atlanta refused to quash a subpoena issued to Sen. Lindsey Graham, R-S.C., to appear before a grand jury in relation to a probe into the 2020 election by Fulton County prosecutors.

In a filing on Thursday, Judge Leigh Martin May declined to quash Graham's subpoena fully, but put some limitations on what can and cannot be asked if Graham does appear before the grand jury.

May said that the Fulton County Special Purpose Grand Jury cannot ask Graham questions relating to his "investigatory fact-finding on the telephone calls" that were made to election officials in Georgia, "including how such information related to his decision to certify the results of the 2020 presidential election."

The judge ruled that Graham's fact-finding telephone call is protected by the speech and debate clause of the U.S. Constitution.

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A judge declined to quash fully a subpoena issued to Sen. Lindsey Graham to testify in a special grand jury investigation in Georgia.  ((AP Photo/Alex Brandon, File))

However, May ruled the grand jury can ask questions regarding Graham's "alleged communications and coordination with the Trump Campaign and its post-election efforts in Georgia," as well as his "public statements related to Georgia’s 2020 elections."

In an Aug. 15 ruling, May said that Graham must testify before the special grand jury.

Fox News Digital previously reported that Graham is planning on appealing the decision to the 11th U.S. Circuit Court of Appeals.

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Sen. Lindsey Graham, R-S.C., the ranking member of the Senate Budget Committee, waits to speak to reporters following bi-partisan passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. ((AP Photo/J. Scott Applewhite, File))

"The Constitution's Speech or Debate Clause prevents a local official from questioning a senator about how that senator did his job. Here, Senator Graham was doing his due diligence before the Electoral Count Act certification vote – where he voted to certify the election," a spokesperson for Graham previously said. "Although the district court acknowledged that Speech or Debate may protect some of Senator Graham's activities, she nevertheless ignored constitutional text and binding Supreme Court precedent, so Senator Graham plans to appeal to the 11th Circuit."

Graham fought the Fulton County subpoena because he believes he is immune from being questioned over acts that are legislative.

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Fulton County District Attorney Fani Willis speaks during a press conference in the District Attorney's office at the Fulton County Courthouse in downtown Atlanta. (Alyssa Pointer/Atlanta Journal-Constitution via AP)

The Fulton County Special Purpose Grand Jury began hearing from witnesses in June, and the Fulton County District Attorney's office is seeking Graham's testimony as it believes he might provide information regarding coordinated attempts to influence the 2020 presidential election results in Georgia.

Fox News' Brandon Gillespie contributed to this report.