'Not done yet': Legal expert suggests Lindsey Graham can still face charges

09 September 2023

Former United States Attorney for the Eastern District of Michigan Barbara McQuade suggested during a Saturday morning interview that it's still possible for U.S. Senator Lindsey Graham (R-South Carolina) to be charged in connection to ex-President Donald Trump's alleged attempt to overturn the 2020 election.

Although a Fulton County Superior Court grand jury indicted Trump and 18 others for their alleged election interference last month, it was revealed Friday, September 8 that there were 21 others recommended by a special grand jury to also be indicted — but Fulton County District Attorney Fani Willis chose not to do so.

During Saturday mornings segment of MSNBC's The Katie Phang Show, Phang asked McQuade, "The fact that there were 21 people recommended by that special grand jury, but were not indicted, does that mean that Fani Willis did not actually present evidence concerning those 21?"

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McQuade replied, "You know, it's difficult to know that Katie. I think there are a number of reasons why she could have made this ultimate decision. It may be that the grand jury chose not to indict, that she sought indictments against some or all of them, and in the grand jury disagreed with that. It is also possible that she was exercising some prosecutorial discretion. Just because you can indict someone, based on probable cause, doesn't always mean that a prosecutor should indict. That's where prosecutor really earns their chops. Spending some time analyzing the evidence, and the law, and deciding whether it's worth a candle to indict that person.

She continued, "So it may be with regard to some of these people, she thought the evidence was not sufficient to secure a conviction beyond a reasonable doubt. It may be that she thought there were legal defenses that would just muck things up with regard to these senators. It could be they would try and rely on the speech or debate clause to slow things down. That may be the reason. Or, interestingly Katie, I think one thing that intrigues me, some of these may be cooperating. There are unindicted co-conspirators in the indictment, so from the time in January when they issued the report, this was December when they issued the report, until she filed that indictment in August, there was a lot of activity happening — a lot of investigation. It seems quite impossible to me that she's secured the cooperation of at some of those fake electors, if not others."

Phang said, "Barb, to that point, we know that at least eight of the fake electors, there were 16 of them in Georgia, who received immunity deals. Maybe that is the reason we did see them as codefendants in that indictment that came out. The state has indicated they have 150 witnesses. I opined yesterday we are certainly seeing some of those witnesses in the special grand jury report in terms of those names. Do they appear voluntary when this case goes to trial? October 23rd, Barb, Kenneth Chesebro, Sidney Powell, they're gonna go to trial. These witnesses, somebody like Lindsey Graham, for example. Would he appear pursuant to a subpoena? What would happen to have him testify in a case like someone against Kenneth Chesebro in Sidney Powell?"

McQuade replied, "He may want to invoke his Fifth Amendment right against self incrimination. The fact that this special grand jury recommended that he be indicted, it does indicate that he has some criminal exposure here. So it could be that his lawyer requests immunity for him to testify. If that is not received, then he may refuse to testify. And then when you've got these two different cases pending, the federal case and state case, you have to worry about, even if Fani Willis isn't going to charge you, there is a possibility he'd be charged federally. And so, because of that exposure, it may be that some of these witnesses demand immunity before they agree to testify and wave their Fifth Amendment rights against self incrimination."

Phang said, "So in other words, it may not all be done yet, right? I'm sure it's not done yet."

Watch the video below or at this link.

'Not done yet': Legal expert suggests Lindsey Graham can still face chargesyoutu.be

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