Sen. Lindsey Graham earned a small victory in his effort to avoid testifying in an investigation into the 2020 presidential election in Fulton County, Georgia.
The 11th U.S. Circuit Court of Appeals put a hold on a lower court's order to force Graham to testify.
According to The Associated Press, the court sent Graham's subpoena back to U.S. District Judge Leigh Martin May to decide whether portions should be quashed or modified.
Graham has claimed he shouldn't have to testify because he was acting as a sitting member of Congress when he contacted election officials about unfounded voter fraud allegations.
"I was Chairman of the Senate Judiciary Committee and had to vote on certifying an election," Graham previously said.
May will have to send his decision about the subpoena back to the appeals court before it can be enforced, The Associated Press reports.