A federal appeals court panel unanimously rejected a request by Sen. Lindsey Graham to block a subpoena for his testimony before a Georgia grand jury.
Graham asked the 11th Circuit to stay an order compelling his testimony issued by a federal district judge in Georgia while he appealed the decision.
A prosecutor wants to question Graham about a phone call he had with Georgia's top election official and talks he had with the Trump campaign on the heels of election day in 2020, when Trump and his allies were trying to overturn his loss
The 11th Circuit panel said that Graham had failed to demonstrate that he was likely to succeed in his appeal.
The Supreme Court is likely to block the subpoena. If they lose at the 11th Circuit, his lawyers will do it.
The speech and debate clause of the U.S. Constitution protects members of Congress from being sued for making comments related to legislative business. His lawyers say his call to the Georgia Secretary of State was part of a legislative inquiry.
The 11th Circuit said that Graham had failed to show that this approach would violate his rights.
The appeals court said that the district court approach ensured that Senator Graham wouldn't be questioned about the investigations.
The judge who ruled that Graham would have to testify pursuant to the subpoena also stated that a prosecutor couldn't question the senator about certain parts of the call.
There is disagreement about whether his phone calls with Georgia election officials were legislative investigations.
The process through which that dispute can be resolved was enabled by the court.
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