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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBreaking: Lindsey Graham loses again on his battle not to testify before DA Willis
The Speech and Debate clause does not apply to trying to steal an election
Link to tweet
H2O Man
(79,260 posts)Ptah
(34,160 posts)
ColinC
(11,098 posts)Celerity
(54,913 posts)A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. The exact usage of motions to quash depend on the rules of the particular court or tribunal.
In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer. A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that some court document such as a subpoena was not issued or delivered following the required procedure. For example, a party that receives improper service of process may file a motion to quash.
In the context of a court hearing an appeal, depending on the rules of the court, a motion to quash the appeal may be made on the basis that the court has no jurisdiction.
SWBTATTReg
(26,404 posts)cilla4progress
(26,526 posts)getagrip_already
(17,802 posts)LetMyPeopleVote
(182,169 posts)Samrob
(4,298 posts)I bet she laughs herself to sleep at night. All this arrogant, brazen, macho, unpatriotic cowards refuse to be questioned under oath. i wonder why?
Deuxcents
(27,725 posts)They cooperate. They dont whine n bellyache. Nor do they have delay tactics.
LetMyPeopleVote
(182,169 posts)crickets
(26,168 posts)50 Shades Of Blue
(11,504 posts)orleans
(37,208 posts)Hermit-The-Prog
(36,631 posts)MagickMuffin
(18,362 posts)A reference to What's Eating Gilbert Grape.
Lindsey Graham sure isn't as tough as he thinks he is 😂
Emile
(43,297 posts)budkin
(6,849 posts)Who will let him off the hook.
LetMyPeopleVote
(182,169 posts)LetMyPeopleVote
(182,169 posts)The speech or debate clause is simply NOT that broad
Link to tweet
https://www.washingtonpost.com/national-security/2022/09/01/lindsey-graham-georgia-testify/?utm_campaign=wp_main&utm_medium=social&utm_source=twitter
But the judge limited the range of questions that prosecutors can ask, partially acknowledging Grahams claim that his status as a sitting senator provides protection against such inquiries.
Grahams lawyers had sought to throw out the subpoena from the Georgia grand jury, arguing that his calls to Georgia officials after the 2020 election were part of his official Senate duties and thus immune from the probe.
The Court is unpersuaded by the breadth of Senator Grahams argument and does not find that the Speech or Debate Clause completely prevents all questioning related to the calls, wrote U.S. District Judge Leigh Martin May in a decision released Thursday.....
But the judge wrote Senator Graham may be questioned about any alleged efforts to cajole or encourage Secretary Raffensperger or other Georgia election officials to throw out ballots or otherwise alter Georgias election practices and procedures. Likewise, the grand jury may inquire into Senator Grahams alleged communications and coordination with the Trump Campaign and its post-election efforts in Georgia, as well as into Senator Grahams public statements related to Georgias 2020 elections.....
But the judge wrote Senator Graham may be questioned about any alleged efforts to cajole or encourage Secretary Raffensperger or other Georgia election officials to throw out ballots or otherwise alter Georgias election practices and procedures. Likewise, the grand jury may inquire into Senator Grahams alleged communications and coordination with the Trump Campaign and its post-election efforts in Georgia, as well as into Senator Grahams public statements related to Georgias 2020 elections.
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