A federal appeals court will soon decide whether DOJ investigators probing the Jan. 6, 2021, attack on the U.S. Capitol were legally allowed to seize Pennsylvania Rep. Scott Perry's cellphone last year, and whether they are allowed to access its contents.
that the Pennsylvania Republican had played an"important role" in efforts to install former Justice Department official Jeffrey Clark as acting attorney general as then-President Donald Trump was continuing to promote his unfounded claims of election fraud. They said he had also communicated with Trump chief of staff Mark Meadows about Clark via text and encrypted messaging, the committee said.
Perry's defense that he was using his phone was"not hypothetical," Rowley told the judges, but a real-life scenario that warrants the protection. Raising numerous hypothetical situations like one in which a member of Congress was accused of taking a bribe, Katsas and Rao tried to parse why a private conversation between a representative and someone outside of Congress would be shielded from executive branch investigation.
Katsas called it an"odd line" and said the Justice Department's view of the privilege might be too"narrow." Rao asked,"How far does the confidentiality extend?"
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