Washington — In a significant development, a federal judge has ruled that federal investigators can access thousands of communications, such as text messages and emails, on the cellphone of Rep. Scott Perry of Pennsylvania. This decision comes as part of the special counsel's ongoing probe into former President Donald Trump and his allies regarding the 2020 election. The chief judge of Washington, D.C.'s federal court, Chief U.S. District Judge John Boasberg, made the ruling on Tuesday, overriding Perry's previous claims of constitutional protection.
Judge Boasberg's ruling allows prosecutors to examine 1,659 out of the more than 2,000 records found on Perry's personal device, which was seized in August 2022.
The data that may now be accessible to investigators includes communications between Perry and individuals not employed by the federal government, discussing the events of the January 6, 2021 insurrection at the Capitol. Additionally, the court order states that messages between Perry and former employees of the Trump administration regarding the procedures outlined in the Electoral Count Act for Vice President Pence must also be examined.
Perry Fights to Protect Cellphone Records in Investigation
A Pennsylvania Republican, Perry, and his legal team have made efforts to prevent his cellphone records from being used in an investigation. They argued that the Speech and Debate clause of the Constitution protected his communications and that his work as a federal legislator shielded the contents of his phone. However, Judge Boasberg ruled that all but 396 of the contested records should be disclosed to the government.
Perry appealed the decision, and a three-judge panel on the D.C. Circuit Court of Appeals sent the messages back to lower courts for review under a stricter interpretation of the protections provided by the Speech and Debate clause. Ultimately, Judge Boasberg reviewed the contents and ordered the disclosure of all but 396 of the records.
During the appeals court process, Perry's attorney argued that his client had used his phone in the furtherance of two legislative acts, including his votes on certifying the election results on Jan. 6, 2021, and a voting rights bill known as the For the People Act. The attorney claimed that Perry had an "absolute privilege" and that the disclosure of his device to investigators should not have occurred.
Prosecutors have argued against granting former President Perry broad immunity, stating that it would "cloak members of Congress in very broad, almost absolute immunity." However, Perry's attorneys have not yet responded to the ruling and may seek further appeal.
Judge Boasberg's order allows prosecutors access to the records in question, but with limitations. Communications that are deemed "integral" or "essential" to Perry's legislative duties, such as messages with other members of Congress and staff regarding alleged election fraud and federal election procedures, will be restricted.
This ruling comes as special counsel Jack Smith is preparing for a criminal trial against former President Trump in Washington, D.C. for his alleged efforts to resist the transfer of power in 2020. Trump has pleaded not guilty to four counts, and the proceedings are currently on hold pending a decision on his claims of presidential immunity from prosecution. The Supreme Court is set to review filings on this matter on Wednesday.
In June 2022, former White House aide Cassidy Hutchinson testified before the House select committee investigating Jan. 6 that in a Dec. 2020 phone call, Perry expressed support for encouraging people to march to the Capitol on Jan. 6.
