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For Lindsey Graham, a Showdown in Georgia [1]

['Danny Hakim', 'Richard Fausset']

Date: 2022-08-24

Mr. Raffensperger’s account of his conversation with Mr. Graham — and his inference that Mr. Graham wanted to explore tossing mail-in votes from counties with high rates of questionable signatures — has been backed up by one of the secretary of state’s aides who was also on the call. Even so, Mr. Graham made no overt request to discard ballots, according to another Raffensperger aide, Gabriel Sterling. Mr. Graham has said that it is “ridiculous” to suggest he was asking for votes to be thrown out.

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During a hearing in federal court this month, Brian C. Lea, one of Mr. Graham’s lawyers, said: “We have one phone call, and that phone call has been described by everybody. Everybody acknowledges that it is about electoral process and about verification of absentee ballots, how you ensure security.”

He said the “only dispute” was brought about by Mr. Raffensperger’s account that it was implied that legal ballots should be thrown out. “Strip away the implication that Secretary of State Raffensperger claims to have picked up, all you have is a conversation about electoral process.” Legal precedent, he argued, meant that “motive is irrelevant.”

But Judge May told Mr. Graham’s lawyers that it was critical to understand why the call was made.

“You keep saying that it’s improper for the court to look at motive, but how can I classify an act as political or legislative without knowing why the act was done?”

Knowing what happened around the call could prove critical to Ms. Willis, the Fulton County district attorney.

“The judge in her decision, and the D.A. in her filing, have outlined several different topics beyond the content of the call that could influence the D.A.’s charging decision,” said Gwendolyn Keyes Fleming, a former district attorney of neighboring DeKalb County. “This includes whether there is sufficient evidence of a connection between anything Senator Graham did or said and the former president’s allies — or even the former president himself — to establish some of the elements of a possible conspiracy or RICO charge.”

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[1] Url: https://www.nytimes.com/2022/08/24/us/lindsey-graham-trump-georgia.html

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