A federal appeals court stopped Lindsey Graham from having to testify before a grand jury.
The United States Court of Appeals for the Eleventh Circuit sent the proceedings relating to the Fulton County grand jury subpoena back to a lower court to determine if the South Carolina Republican should be exempt from answering certain questions.
Graham had fought against the prosecutor's attempts to appear before a grand jury.
According to The New York Times, Graham has argued that he shouldn't have to testify in the case because of the speech and debate clause in the constitution.
The lawmaker was scheduled to testify on Tuesday at a courthouse in downtown Atlanta after the District Court Judge rejected his claim of immunity.
Before Graham would have to testify before a grand jury, he had to perform certain actions.
A district court must decide if Graham is entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury.
The issue will be heard by the appeals court for furtherConsideration.
According to Graham's attorneys, he was told that he was not a target in the investigation.
The prosecutors would like to hear from Graham.
In the 2020 presidential election, Donald Trump lost his home state of Georgia to Joe Biden by about 12,000 votes.
The 2016 statewide win against Hillary Clinton was one of the reasons why Trump still doubted the victory in the Peach State.
The president tried to get the Secretary of State to overturn Biden's win and attacked the governor for dismissing his campaign.
Graham inquired about the ability of the secretary to reject mail-in ballots in certain counties after the election.
Graham denied that he was trying to cast aside legal mail-in ballots and said that he was hoping to find out more about how Georgia verified the votes.