Appeals court partially blocks ruling that gave special counsel Jack Smith access to Rep. Scott Perry’s phone

excalibur

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Mar 19, 2015
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A partial victory. The rest was remanded for further consideration.

As of now, the order is sealed, but the court will hear arguments to unseal.


A federal appeals court Tuesday partially blocked a judge's ruling that had given the Justice Department access to many of Rep. Scott Perry’s cellphone communications in connection with special counsel Jack Smith's criminal investigation into efforts to overturn the 2020 election.
The unanimous ruling from the U.S. Court of Appeals for the District of Columbia Circuit vacated in part Chief Judge Beryl A. Howell's ruling in D.C.'s federal district court that granted the Justice Department access to the bulk of the Pennsylvania Republican's communications retrieved through a search warrant. Perry is a Trump ally who was supportive of efforts to reverse the election results.
The ruling from a three-judge panel asks the district court “to apply the correct standard” to Perry’s communications with people outside the federal government, members of the executive branch and other Capitol Hill lawmakers “regarding alleged election fraud during the period before Congress’s vote certifying the 2020 election.”
...
The court indicated it will consider unsealing Tuesday’s ruling and asked the parties to respond by Sept. 12.
The ruling comes more than one year after Perry said he was "outraged" after FBI agents seized his cellphone, which he said included information about his "legislative and political activities," as well as "personal/private" discussions with family, friends and constituents.
Perry had demanded the return of seized cellphone data in a lawsuit filed against the Justice Department last year. His lawyers dropped that case in October without providing an explanation.
In his effort to shield the records, Perry has argued that the government lacked the authority to search his communications due to protections afforded by the Constitution's “speech or debate” clause.


 
A partial victory. The rest was remanded for further consideration.

As of now, the order is sealed, but the court will hear arguments to unseal.


A federal appeals court Tuesday partially blocked a judge's ruling that had given the Justice Department access to many of Rep. Scott Perry’s cellphone communications in connection with special counsel Jack Smith's criminal investigation into efforts to overturn the 2020 election.
The unanimous ruling from the U.S. Court of Appeals for the District of Columbia Circuit vacated in part Chief Judge Beryl A. Howell's ruling in D.C.'s federal district court that granted the Justice Department access to the bulk of the Pennsylvania Republican's communications retrieved through a search warrant. Perry is a Trump ally who was supportive of efforts to reverse the election results.
The ruling from a three-judge panel asks the district court “to apply the correct standard” to Perry’s communications with people outside the federal government, members of the executive branch and other Capitol Hill lawmakers “regarding alleged election fraud during the period before Congress’s vote certifying the 2020 election.”
...
The court indicated it will consider unsealing Tuesday’s ruling and asked the parties to respond by Sept. 12.
The ruling comes more than one year after Perry said he was "outraged" after FBI agents seized his cellphone, which he said included information about his "legislative and political activities," as well as "personal/private" discussions with family, friends and constituents.
Perry had demanded the return of seized cellphone data in a lawsuit filed against the Justice Department last year. His lawyers dropped that case in October without providing an explanation.
In his effort to shield the records, Perry has argued that the government lacked the authority to search his communications due to protections afforded by the Constitution's “speech or debate” clause.


There are some remaining pockets of law and order around the country but they are few and far between.
 

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