South Carolina Sen. Lindsey Graham asked the U.S. Supreme Court on Friday to block a grand jury subpoena.
Fulton County, Georgia, prosecutors are seeking information on Graham's communications with Georgia officials and former President Donald Trump's administration following the 2020 election.
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On Friday, Graham's legal team asked the U.S. Supreme Court to grant a stay on any subpoenas issued against him until the legality of the situation is better argued.
"Only this Court can prevent the state-court questioning of Senator Graham contrary to constitutional immunities, because the district court and Eleventh Circuit have refused to temporarily stay the proceedings until the appeal is finally resolved," Graham’s legal team wrote in a filing to the court.
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In response, the court asked Fulton County officials to file a response by 5 p.m. EDT Thursday.
Fulton County District Attorney Fani Willis filed petitions with the judge overseeing the special grand jury as part of her investigation into what she alleges was "a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere."
Prosecutors claim Graham's coordination with the president and high-ranking Georgia leaders could amount to an illegal interference in the presidential race.
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Graham has maintained that his political office exempts him from questioning by the Fulton County grand jury.
Graham's claim of immunity to the investigation's questioning was rejected by the U.S. Court of Appeals for the 11th Circuit in Atlanta.
The investigation is separate from that being conducted by a congressional committee that has been examining the events surrounding the riot at the U.S. Capitol on Jan. 6, 2021, as Congress was certifying Biden’s victory, as well as the Department of Justice's own sprawling probe.
Fox News' Bill Mears contributed to this report.
