ATLANTA (CBS News) -- A federal appeals court on Sunday agreed to temporarily put on hold a lower court's order requiring that Sen. Lindsey Graham testify before a special grand jury that's investigating plots to overturn former President Donald Trump's 2020 presidential election loss in Georgia.
A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday.
U.S. District Judge Leigh Martin May had denied Graham's request last Monday to quash his subpoena and on Fridayto put her decision on hold while he appealed. Graham's lawyers then appealed to the 11th U.S. Circuit Court of Appeals.
On Sunday, a three-judge panel of the appeals court issued the order temporarily pausing May's order declining to quash the subpoena. The panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the U.S. Constitution.
Once May decides that issue, the case will return to the 11th Circuit for further consideration, according to the appeals court order.
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