The claims by Sen. Lindsey Graham, R-South Carolina, and Rep. Jody Hice, R-Georgia, that they are immune from Fulton District Attorney Fani Willis’ subpoenas raise embarrassing questions about the state of Georgia law on the subject—and whether the defendants should have taken their defense to federal court.

Senator Lindsey Graham (R-SC) walks to a Senate Judiciary Committee meeting, on Wednesday, April 27, 2022. Photo: Diego M. Radzinschi/ALM Sen. Lindsey Graham, R-S.C., walks to a Senate Judiciary Committee meeting in April. (Photo: Diego M. Radzinschi/ALM)

The question before the federal courts, as posed by Hice and Graham, is whether these two members of Congress were acting within the scope of their official duties when they spread misinformation to undermine the election and called Georgia state election officials about tossing out absentee ballots.

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