Docket for 22A337

No. 22A337
Title:	Lindsey Graham, United States Senator, Applicant v. Fulton County Special Purpose Grand Jury
Docketed:	October 21, 2022

Lower Ct:	United States Court of Appeals for the Eleventh Circuit
Case Numbers:	(22-12696-DD)
Decision Date:
Rehearing Denied:
Discretionary Court Decision Date:

Date	Proceedings and Orders
Oct 21 2022	Application (22A337) for stay and writ of injunction pending appeal, submitted to Justice Thomas.
	Main Document Lower Court Orders/Opinions Other Proof of Service
Oct 22 2022	Response to application (22A337) requested by Justice Thomas, due by 5 p.m. (EDT), Thursday, October 27, 2022.

Oct 24 2022	Upon consideration of the application of counsel for the applicant, it is ordered that the August 15, 2022 order of the United States District Court for the Northern District of Georgia, case No. 1:22-CV-03027, as modified by the district court’s September 1, 2022 order, is hereby stayed pending further order of Justice Thomas or of the Court.

Oct 25 2022	Motion for leave to file amicus brief filed by Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah.
	Main Document Proof of Service Other Main Document
Oct 27 2022	Response to application from respondent Fulton County Special Purpose Grand Jury filed.
	Main Document Proof of Service Main Document
Oct 27 2022	Motion for leave to file brief of amicus curiae filed by Derek T. Muller.
	Main Document Proof of Service Main Document Other
Oct 27 2022	Motion for leave to file amicus brief filed by Separation of Powers Clinic at Antonin Scalia Law School.
	Main Document Main Document Other Proof of Service
Oct 27 2022	Motion for leave to file brief for amici curiae filed by Former Federal Prosecutors.
	Main Document Other Proof of Service
Oct 28 2022	Reply of applicant Lindsey Graham, United States Senator filed.
	Reply Proof of Service
Nov 01 2022	Application (22A337) referred to the Court.

Nov 01 2022	Application (22A337) for stay and an injunction pending appeal presented to Justice Thomas and by him referred to the Court is denied. The order heretofore entered by Justice Thomas is vacated. The lower courts assumed that the informal investigative fact-finding that Senator Graham assertedly engaged in constitutes legislative activity protected by the Speech or Debate Clause, U. S. Const. Art. I, §6, cl. 1, and they held that Senator Graham may not be questioned about such activities. The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. Accordingly, a stay or injunction is not necessary to safeguard the Senator’s Speech or Debate Clause immunity.

NAME	ADDRESS	PHONE
Attorneys for Petitioner
Donald Francis McGahn II Counsel of Record	Jones Day 51 Louisiana Ave., NW Washington, DC 20001 DMcGahn@jonesday.com	(202) 879-3939
Party name: Senator Lindsey Graham, in his official capacity as United States Senator
Attorneys for Respondent
Fani Taifa Willis Counsel of Record	Fulton County District Attorney's Office 136 Pryor Street Atlanta, GA 30303 Fani.WillisDA@fultoncountyga.gov	404-612-4981
Party name: Fulton County Special Purpose Grand Jury
Other
Judd Edward Stone II Counsel of Record	Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 judd.stone@oag.texas.gov	512-936-1700
Party name: The States of Texas, Alabama, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, South Carolina, and Utah
R. Trent McCotter Counsel of Record	Antonin Scalia Law School/George Mason University 3301 Fairfax Dr. Arlington, VA 22201 rmccotte@gmu.edu	202-706-5488
Party name: Separation of Powers Clinic at Antonin Scalia Law School
Joshua Adam Matz Counsel of Record	Kaplan Hecker & Fink LLP 1050 K Street NW Suite 1040 Washington, DC 20001 jmatz@kaplanhecker.com	(212) 763-0883
Party name: Former Federal Prosecutors