Breaking Business Court Says Lindsey Graham Doesn’t Need To Testify To Georgia Grand Jury—For Now Carlie Porterfield Forbes Staff I cover breaking news. New! Follow this author to stay notified about their latest stories. Got it! Aug 21, 2022, 12:53pm EDT | Share to Facebook Share to Twitter Share to Linkedin Topline A federal appeals court on Sunday temporarily paused a judge’s order for Sen. Lindsey Graham (R-S. C. ) to testify before a Georgia grand jury about alleged interference in the 2020 presidential election, ruling Graham’s position as a senator may shield him from testifying. Key Facts The 11th Circuit Court of Appeals ruled a subpoena for Graham to testify in Fulton County, Ga. , should be sent back to a federal district court judge to review whether it complies with the Constitution's speech and debate clause , which in some cases protects lawmakers from law enforcement measures over legislative speech. The federal district court judge previously ordered Graham to testify last Monday, after Graham’s team fought the subpoena , citing the speech and debate clause. Once the district court considers whether the subpoena should be modified or quashed altogether, the matter can return to the appeals court for further consideration, the panel of three appellate judges wrote Sunday. Key Background Grahan was ordered to testify before a Fulton County grand jury that is probing former President Donald Trump and his allies’ attempts to overturn 2020 presidential election results, including false allegations of voter fraud and Trump’s request that Georgia Secretary of State Brad Raffensperger “find” enough votes to reverse his election loss. The panel has focused on some of Trump’s closest allies, including Trump’s former personal attorney Rudy Giuliani , who received a letter earlier this month indicating he is a target of the probe. Fulton County District Attorney Fani Willis (D) said Graham asked Raffensberger after the 2020 election if he had the authority to reject absentee ballots , which the secretary of state interpreted as a ploy to throw out legally cast votes (at the time, Graham insisted he wasn’t asking Raffensperger to toss out ballots). Last month, Graham said he would not cooperate with the investigation, which he called a “fishing expedition” that interfered with his duties as a senator. Tangent In Georgia, special grand juries–like the one investigating Trump and his allies’ alleged voter interference– can’t indict anyone . However, the panel can issue an official report to recommend that the district attorney form a regular grand jury to seek an indictment. Further Reading Lindsey Graham Must Testify Before Georgia Grand Jury Investigating Trump, Judge Says ( Forbes ) Lindsey Graham Won’t Cooperate With Georgia DA’s Subpoena In 2020 Election Investigation, Attorneys Say ( Forbes ) Giuliani Is Target Of Georgia Election Grand Jury Probe, Lawyer Says ( Forbes ) Follow me on Twitter . Send me a secure tip . Carlie Porterfield Editorial Standards Print Reprints & Permissions.