Sen. Lindsey Graham apparently will not have to testify before a Georgia grand jury on Tuesday. A federal appeals court put a temporary stop on the subpoena on Sunday that would have required Graham's presence before the grand jury investigating attempts to pressure state officials into altering 2020 presidential election results in former President Donald Trump's favor, Politico reports. A federal district court judge in Atlanta had rejected Graham's attempt at avoiding testifying. The order issued Sunday by a three-judge panel of the 11th Circuit Court of Appeals is to give a judge time to consider the South Carolina Republican’s constitutional argument, per the Washington Post.
The appeals court called its move a "limited remand" while the issue, including possible limits to what Graham can be questioned about, is settled in district court. As a senator, Graham says, he has immunity, an argument he's been losing. "Senator Graham’s arguments are entirely unpersuasive," the district court judge wrote Friday. The Fulton County district attorney's office said in court filings that delaying Graham's testimony would set back the investigation. (Read more Lindsey Graham stories.)