of Congress from questioning about official legislative acts led to the temporary hold.
Last week, a federal judge denied Graham’s request to dismiss the subpoena on the grounds that the Constitution does not shield lawmakers’ actions that are political rather than legislative.
Graham’s lawyers have argued that he is immune from having to testify because the calls were made in the course of his legislative duties.
His attorneys appealed to the 11th U.S. Circuit Court of Appeals, which issued the stay on Sunday.
Now that the constitutional dispute has been raised, the case must be heard once again in federal court to determine whether the subpoena should be modified or partially overturned.
A representative for Georgia’s Fulton County District Attorney declined to comment, and a representative for Graham did not immediately respond to requests for comment on the ruling.
Prosecutors in Georgia have suggested that Graham could shed light on any efforts to sway the state’s elections. They claimed that in the phone calls, Graham brought up claims of widespread voter fraud in Georgia.
No evidence of voter fraud that could have changed the outcome of the election has been found by election officials across the country, the courts, or Trump’s attorney general.
When the federal judge issues a ruling on the constitutional issue, the case will be sent back to the appeals court for further review.
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