ATLANTA (AP) — A federal appeals court docket on Sunday agreed to quickly placed on maintain a decrease court docket’s order requiring that U.S. Sen. Lindsey Graham testify earlier than a particular grand jury that’s investigating plots to overturn Donald Trump’s 2020 presidential election loss in Georgia.

A subpoena had instructed the South Carolina Republican to look earlier than the special grand jury on Tuesday.

U.S. District Decide Leigh Martin Might had denied Graham’s request final Monday to quash his subpoena and on Friday rejected his effort to place her determination on maintain whereas he appealed. Graham’s legal professionals then appealed to the eleventh U.S. Circuit Courtroom of Appeals.

On Sunday, a three-judge panel of the appeals court docket issued the order quickly pausing Might’s order declining to quash the subpoena. The panel despatched the case again to Might to resolve whether or not the subpoena ought to be partially quashed or modified due to protections granted to members of Congress by the U.S. Structure.

As soon as Might decides that concern, the case will return to the eleventh Circuit for additional consideration, based on the appeals court docket order.

Graham’s representatives didn’t instantly reply Sunday to messages looking for touch upon the appellate ruling. A spokesperson for Fulton County District Legal professional Fani Willis declined to remark.

Willis opened the investigation early final yr, prompted by a Jan. 2, 2021, cellphone name between Trump and Georgia Secretary of State Brad Raffensperger. Throughout that dialog, Trump advised Raffensperger might “discover” the votes wanted to overturn his slim loss within the state.

Willis and her staff have stated they wish to ask Graham about two cellphone calls they are saying he made to Raffensperger and his employees shortly after the 2020 basic election. Throughout these calls, Graham requested about “reexamining sure absentee ballots solid in Georgia with the intention to discover the potential of a extra favorable end result for former President Donald Trump,” Willis wrote in a petition looking for to compel his testimony.

Graham additionally “made reference to allegations of widespread voter fraud within the November 2020 election in Georgia, according to public statements made by identified associates of the Trump Marketing campaign,” she wrote.

Throughout a hearing earlier this month on Graham’s movement to quash his subpoena, Willis’ staff argued that Graham might be able to present perception into the extent of any coordinated efforts to affect the outcomes of the 2020 basic election in Georgia.

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