The 11th Circuit Court of Appeals sided with GOP Senator Lindsey Graham and issued a temporary injunction against the subpoena issued against him.
The subpoena was ordering him to testify in front of a Grand Jury investigating the 2020 election.
A federal appeals court delivered a victory for Sen. Lindsey Graham (R-S.C.) on Aug. 21 by blocking a subpoena that had ordered him to testify before a Georgia grand jury investigating the 2020 election.
A three-judge panel with the 11th Circuit Court of Appeals issued (pdf) a temporary injunction against the subpoena, sending the case back to a lower court. The district court will now have to determine whether the subpoena should be modified or quashed.
“This case is remanded to the district court for the limited purpose of allowing the district court to determine whether [Graham] is entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury based on any protections afforded by the Speech or Debate Clause of the United States Constitution,” the ruling states.
Back in July, Lindsey Graham had announced he would file a motion in federal court to block the subpoena.
Sen. Lindsey Graham, R-S.C., has filed a motion in federal court fighting a subpoena to testify in a Georgia special grand jury investigation into alleged efforts to overturn the state’s 2020 presidential election results, claiming the subpoena is politically motivated and would set a dangerous precedent for members of Congress.
Graham was compelled to testify before the grand jury regarding calls he made to Georgia Secretary of State Brad Raffensperger and his staff in the weeks following the 2020 election — a time when former President Donald Trump raised numerous claims of fraud in states he lost, like Georgia.
Graham insists that he never attempted to persuade Raffensperger to overturn Georgia’s election results, and he’s not a target in the Georgia grand jury investigation.
The case now goes back down to the lower courts.