A federal appeals court will hear a dispute over Justice Department investigators accessing Rep. Scott Perry’s cell phone in a case that could affect special counsel Jack Smith’s ability to get information from him and other members of Congress.
The case, currently before the DC Circuit Court of Appeals, will test crucial questions for both the ongoing grand jury probe and for the separation of powers, according to a newly released court filing – the first made public in the sealed case.
The legal dispute arises from prosecutors’ inquiries around Perry, a Pennsylvania Republican who played a central role in supporting former President Donald Trump’s efforts to overturn the 2020 election.
A three-judge appellate panel will consider whether the Constitution protects US senators and representatives from scrutiny of their “informal” legislative efforts and whether constitutional protections around Congress mean members’ communications with private parties and members of the executive branch can be kept secret.
The line of questioning disclosed in a court order on Thursday implies that Perry’s lawyers are arguing that prosecutors shouldn’t be able to access communications he may have had with the White House at the end of Trump’s presidency and any record of steps he may have taken in advance of the January 6, 2021, congressional vote to certify the presidential election.
In the lead-up to January 6 after the election, Perry was in contact with Trump and texted with then-White House chief of staff Mark Meadows, pushing to replace the US attorney general with an election fraud sympathizer.
CNN previously confirmed that the case is over the Justice Department’s ability to access data from Perry’s cell phone. The circuit court hasn’t disclosed that the court fight involves Perry, and much of the documents in the case are…
Read the full article here
