Perry's phone was seized in August by agents thought to be working on ongoing federal investigations into efforts by former President Donald J. Trump to subvert the 2020 presidential election.
Attorneys for U.S. Rep. Scott Perry argued in court Thursday that federal investigators should not have unfettered access to Perry’s cellphone communications because of Constitutional protections against questioning a sitting Congressman for his or her legislative activities.
In Thursday’s argument, Perry’s lawyer John Rowley asked a three-judge panel to overturn Howell’s ruling, or, in the alternative. force her to reconsider what texts or other communications are protected by so-called “speech and debate clause” protections designed to protect members of Congress from being prosecuted for political positions.
“One was his vote that was coming up on January 6th regarding the Electoral Count Act , and the other was the For The People Act... that had been passed by the majority in the House on January 3, 2021, just three days earlier.”“This fact-finding was not hypothetical. It was done for legislative reasons and within a legislative sphere, and for that reason is subject to the speech and debate privilege,” Rowley said.
Much of Perry’s activities surrounding the 2020 election have become known through testimony of former Trump-era DOJ officials whom he called to express concerns about voter fraud; or via texts and emails to then-White House Chief of Staff Mark Meadows and other top Trump aides about post-election strategy.
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