Sen. Lindsey Graham (R-SC) has lost in federal appeals court and will have to give a deposition under oath in District Attorney Fani Willis’ special grand jury investigation into Donald Trump’s and his allies’ alleged election interference.

A three-judge panel of the 11th Circuit Court of Appeals late Thursday afternoon rejected Graham’s emergency motion to delay his testimony before the Fulton County, Georgia panel, for which he has been subpoenaed, CNBC reports.Two of the three judges were appointed by Donald Trump.

“Senator Graham has failed to demonstrate that he is likely to succeed on the merits of his appeal,” the Court ruled, citing Supreme Court ruling, which may signal to Graham he should not try to appeal.

Graham was in Georgia just two days ago.

Reprinted with permission from Alternet