WASHINGTON (AP) – The House Judiciary Committee has rescheduled a deposition for former senior White House adviser Karl Rove, ordering him to appear Feb. 23 instead of Monday.

It is uncertain that Rove would appear, since a federal appeals court is considering whether former White House aides can be compelled to testify about matters on which they advised the president.

The committee subpoena commanded Rove to testify about any role he played in politically motivated firings of U.S. attorneys, and the prosecution of former Alabama Democratic Gov. Don Siegelman.

Siegelman has alleged his prosecution was pushed by Republicans, including Rove. The former governor was convicted on bribery and other charges and was sentenced to more than seven years in prison. He was released early when a federal appeals court ruled his appeal raised “substantial questions.”

Committee chairman John Conyers, D-Mich., said Friday he wanted to give Rove’s lawyer time to consult with the Obama administration and learn whether the new president would uphold Bush’s order against testifying.

Rove attorney Robert Luskin said his client was free to answer questions on the Siegelman prosecution.