Court temporarily pauses order requiring Graham to testify about 2020 election in Georgia

Graham argued in his challenge to the Fulton County subpoena that the Constitution's Speech or Debate Clause would apply

Updated: August 21, 2022 - 11:34am

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A federal appeals court temporarily paused an order Sunday that required Sen. Lindsey Graham (R-S.C.) to testify in front of an Atlanta-area grand jury about attempts to illegally influence Georgia's 2020 election results.

The 11th US Circuit Court of Appeals instructed the district court judge to consider whether the Fulton County grand jury subpoena of Graham should be modified to follow the Constitution's Speech or Debate Clause, CNN reported.

U.S. District Judge Leigh Martin May last week refused to dismiss the subpoena or allow for a stay while Graham appealed her order. 

Graham pointed to the Constitution's Speech or Debate Clause, which protects legislators from specific law enforcement actions in certain cases, in his challenge to the Fulton County subpoena. 

The South Carolina Republican was scheduled to testify on Tuesday.

Joyce Alene, former U.S. prosecutor under the Obama administration, said the court's decision could delay Graham's testimony by months.