Sep 5, 2023
Trump Ally Perry’s Phone-Records Fight With DOJ Revived by Court
, Bloomberg News
(Bloomberg) -- A federal appeals court has revived Republican Representative Scott Perry’s fight to block the Justice Department from reviewing his mobile phone in connection with the probe into efforts by former President Donald Trump and his allies to overturn the 2020 election.
A US Court of Appeals for the DC Circuit panel on Tuesday reversed a lower court ruling that gave Special Counsel John “Jack” Smith’s prosecutors the green light to review more than 2,000 records from Perry’s phone. The opinion is under seal, but the public docket shows the three-judge panel sent the case back to a district judge “to apply the correct standard” to specific categories of records.
The phrase indicates the panel didn’t adopt a federal judge’s reasoning last year in freeing Smith’s office to see the records. It wasn’t immediately clear what effect the ruling would have on Smith’s work. Trump was indicted on federal charges in the federal election probe in August but the investigation is ongoing.
Read More: Trump Ally Scott Perry Argues to Keep DOJ Out of His Phone
The Pennsylvania lawmaker had invoked a constitutional shield that covers members of Congress against legal action related to their work, including being forced to disclose their communications in a criminal investigation. Smith’s office had argued for a narrower interpretation of what should qualify as legislative activities covered by that privilege under what’s known as the Speech or Debate Clause.
The information on the public docket shows the appeals panel sent the case back to US District Judge Beryl Howell to address three categories of records: Perry’s communications with people outside of the federal government, with executive branch officials, with his colleagues in Congress about “alleged election fraud” before the Jan. 6, 2021, vote to certify election results and on pending legislation.
Perry’s attorney wasn’t immediately reached for comment. A spokesperson for Smith’s office declined to comment.
The case is before Judge Karen LeCraft Henderson, who was confirmed under former President George H.W. Bush, and Judges Greg Katsas and Neomi Rao, both nominated by Trump. The court gave both sides until Sept. 12 to object to unsealing the opinion; Howell previously unsealed her rulings in the case.
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