Fulton County Special Purpose Grand Jury v. Lindsey Graham, Amicus Curiae Brief of Separation of Powers Clinic in Support of Defendant-Appellant Senator Lindsey O. Graham

Abstract

This case is important to amicus because it addresses a constitutional protection ensuring the independence of the Congress from other branches and outside parties. The Supreme Court has expressly held that the Speech and Debate Clause preserves separation of powers by insulating legislators from executive and judicial inquisitions into putatively legislative actions, ensuring legislators have independence to make decisions as they see fit.

Applying the Supreme Court’s precedent in this area confirms that Senator Graham’s inquiries with Georgia officials, to inform and prepare himself for upcoming votes, are protected from subsequent inquisition.

Keywords: Separation of Powers, Constitutional Law, Congress, Speech and Debate Clause

JEL Classification: H1, H10, H11