Sen. Lindsey Graham's legal team to challenge subpoena from Fulton County, Ga., grand jury

Attorneys for Sen. Lindsey Graham said Wednesday they will challenge the subpoena issued by the Fulton County, Ga., grand jury investigating former President Donald Trump's effort to overturn the 2020 election. 

Attorneys Bart Daniel and Matt Austin criticized the subpoena, calling it "all politics," and said that any information shared would be given to the Jan.6 committee, which they said was working "in concert" with Fulton County on a "fishing expedition." 

Graham, R-S.C., is "neither a subject nor target of the investigation, simply a witness," according to the statement.

Graham at least twice called the Georgia Secretary of State Brad Raffensperger and his staff weeks after the November 2020 election, trying to re-examine absentee ballots "to explore the possibility of a more favorable outcome for former President Donald Trump," according to court documents.

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The Republican senator's legal team argued that he was "well within his rights to discuss with state officials the processes and procedures around administering elections."

If the subpoena stands, according to the letter, it will disintegrate "the constitutional balance of power, and the ability of a member of Congress to do their job."

Fulton County:Trump allies subpoenaed in Georgia election probe, including Rudy Giuliani and Lindsey Graham

Also subpoenaed with Graham were Rudy Giuliani, Trump's lawyer, and attorney John Eastman, who came up with a plan to gather alternate slates of electors to overturn President Joe Biden's election. 

The Georgia criminal investigation is separate from a Justice Department inquiry and a special House committee's examination of events related to the Capitol assault.

Contributing: Kevin Johnson