Court blocks DOJ review of Scott Perry’s phone in Jan. 6 probe

Daily Report USA

The House of Representatives has asked to join a secret court battle that, since August, has blocked the Justice Department from reviewing the contents of Rep. Scott Perry’s (R-Pa.) phone and related communications in a criminal investigation of events surrounding the Jan. 6, 2021, Capitol attack, according to people familiar with the matter.

House Speaker Kevin McCarthy (R-Calif.) and Minority Leader Hakeem Jeffries (D-N.Y.) threw bipartisan support to the request filed Friday after a U.S. appeals court last week put the search of Perry’s phone data on hold pending appeal, according to House leaders and court records. Perry’s appeal, fast-tracked for oral argument Feb. 23, sets the stage for a constitutional test over the scope of immunity held by members of Congress from criminal investigation by the Justice Department under the Constitution’s “speech or debate clause,” which protects legislative work from executive branch interference.

The existence of the Jan. 25 court order preventing the Justice Department from accessing the Pennsylvania Republican’s phone was publicly docketed, but its subject matter remains under seal. Its connection to Perry’s records was first reported by Politico and confirmed by people familiar with the matter.

While Perry is the only lawmaker whose phone is publicly known to be sought by the department, the battle could have near-term implications for him and three other lawmakers referred to the House Ethics Committee by the House panel investigating the Jan. 6 Capitol attack for allegedly failing to comply with its subpoenas. In addition to Perry, the House committee named McCarthy, Reps. Jim Jordan (R-Ohio) and Andy Biggs (R-Ariz.), saying they “likely have material facts regarding President Trump’s plans to overturn the [2020 presidential] election.”

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