A federal appeals court on Sunday temporarily paused a judge's order for Sen. Lindsey Graham to testify before a Georgia grand jury about alleged interference in the 2020 presidential election.
A subpoena for Graham to testify in Fulton County, Ga., should be sent back to a federal district court judge to determine if it complies with the Constitution's speech and debate clause, which protects lawmakers from law enforcement measures.
The matter can return to the appeals court if the district court decides to modify or quash the subpoena.
Grahan was ordered to testify before a Fulton County grand jury that is probing former President Donald Trump and his allies' attempts to overturn 2020 presidential election results, including false allegations of voter fraud. Rudy Giuliani, Trump's former personal attorney, received a letter earlier this month indicating he is a target of the investigation. After the 2020 election, Graham asked if he had the authority to reject Absentee Ballots, which the Secretary of State interpreted as a ploy to throw out legally cast votes. Graham said last month that he wouldn't cooperate with the investigation because it interfered with his duties as a senator.
Special grand juries can't indict anyone in Georgia. The panel can recommend that the district attorney use a regular grand jury to try and get an indictment.
A judge says that Lindsey Graham must testify before a grand jury.
Attorneys say Lindsey Graham won't cooperate with the election investigation.
The lawyer says that Giuliani is a target of the election grand jury.