,[F]Perry’s attorneys John Rowley and John Irving wrote, “Adderall agents should not be given carte blanche to root in the phone data of Representative Perry, who is looking for evidence that they hope can advance their investigation.” ” 16-page suitWhich was filed in Washington DC federal court last week, but was not publicly docked until late Tuesday.
The case has been referred to President Joe Biden-appointed Judge Zia Cobb.
A similar process has emerged in the case of attorney John Eastman, a key architect of Trump’s 2020 election sabotage. FBI agents, also acting on behalf of the Inspector General, confiscated Eastman’s phone in June while he was in New Mexico. As with Perry, investigators agreed not to peruse the contents of the phone until a second search warrant setting railings on review was obtained.
Eastman quickly sued to force the DOJ to return the phone, and he is expected to appear at a hearing in federal court in New Mexico next month.
Perry indicated that the warrant to confiscate his cell phone was authorized by Magistrate Judge Susan Schwab in the Central District of Pennsylvania federal court, a week before agents contacted him while he was with family in New Jersey. were on holiday and was taken into custody. phone.
Perry indicated that after his phone was confiscated, he and his attorney honed the DOJ about an alternative solution to the lawsuit. A framework proposed by the department would allow Perry’s lawyers and her investigators to jointly review Perry’s phone and hash out potential privilege issues together. But, according to Perry, the DOJ demanded that he waive his immunity under the speech and debate clauses of the constitution as part of the process, which Perry says he refused.
Perry argues that the data on his phone includes content protected by attorney-client privilege, marital privilege and a constitutional provision that limits most legal action against members of Congress related to their official duties.