A federal appeals courtroom on Sunday quickly halted a decrease courtroom’s ruling mandating that Sen. Lindsey Graham, R-S.C., testify earlier than a grand jury in Georgia that’s investigating pro-Trump efforts to sway the state’s 2020 presidential election outcomes.

In a quick order, the 11th U.S. Circuit Court docket of Appeals despatched the ruling again all the way down to the district courtroom, instructing the choose there to weigh any potential adjustments to Fulton County’s grand jury subpoena to Graham in alignment with the Structure’s speech and debate clause.

The clause, which provides lawmakers sure authorized protections when they’re performing of their official capacities, is on the coronary heart of Graham’s problem to the subpoena for his testimony.

Graham had been scheduled to testify Tuesday.

The appellate circuit dominated that the district courtroom ought to “decide whether or not [Graham] is entitled to a partial quashal [rejection] or modification of the subpoena to seem earlier than the particular objective grand jury based mostly on any protections afforded by the Speech or Debate Clause of the US Structure.”

“Following decision of the partial-quashal challenge on restricted remand, the matter shall be returned to this Court docket for additional consideration,” the appellate judges wrote.

The ruling is the newest growth in Fulton County’s investigation of efforts to overturn the 2020 race — a probe that was a pitched authorized battle with Graham after Georgia prosecutors sought his testimony earlier this 12 months.

District Court docket Decide Leigh Martin Might had dominated on Friday that “additional delay of … Graham’s testimony would enormously compound the general delay in finishing up the grand jury’s investigation” and “thus poses a big threat of general hindrance to the grand jury’s investigation.”

“The Court docket due to this fact finds that granting a keep would virtually definitely lead to materials harm to the grand jury and its investigation,” Might wrote.

Fulton County District Legal professional Fani Willis, a Democrat main the investigation, first sought Graham’s testimony in July.

The South Carolina legislator, a staunch ally of former President Donald Trump, grew to become embroiled within the case over two calls he made to Georgia Secretary of State Brad Raffensperger shortly after the final presidential race.

Graham has since insisted that he was inquiring over how signatures on Georgia mail-in ballots had been verified and was not pushing for any votes to be tossed in help of Trump. Graham’s authorized staff says his calls needs to be protected underneath the speech and debate clause, arguing they had been associated to legislative work underneath his position as chair of the Senate Judiciary Committee on the time.

The Georgia grand jury probe was launched after Raffensperger, a Republican and the state’s prime elections overseer, was lobbied by Trump to “discover 11,780 votes” — the quantity the then-president wanted to win the state over Joe Biden, who gained Georgia (which was later re-confirmed by a full handbook recount).

In searching for a grand jury earlier this 12 months, Willis wrote to the courtroom that she had cause to imagine there was “an inexpensive chance that the State of Georgia’s administration of elections in 2020 … was topic to doable felony disruptions.” She beforehand instructed the Related Press that she was analyzing Graham and Trump’s calls with Raffensperger.

The Fulton County grand jury could make suggestions however doesn’t have the facility to indict, which might be as much as one other grand jury to weigh after the investigation.

Trump has insisted his stress marketing campaign in Georgia was applicable and he did nothing unsuitable, claiming Willis is politically persecuting him.

ABC Information’ Alexander Mallin and Will Steakin contributed to this report.