Rep. Scott Perry (R-York) is suing the Department of Justice (DOJ) in an attempt to prevent it from reviewing the contents of his cell phone, which was seized as part of an investigation into former President Donald Trump’s effort to overturn the 2020 election.
Perry had his phone taken on August 9 while he was on vacation with his family in New Jersey. FBI special agents created “a forensic image of it, and returned the physical phone to (him) the same day.” He stated in the lawsuit that he “does not presently know what, if any, steps the government has taken to obtain his telephone records from AT&T.”
The chair of the House Freedom Caucus was identified by the DOJ as a key participant in Trump’s effort. The January 6th Select Committee revealed that Perry served as a go-between for Department official Jeffrey Clark and the White House.
Clark, an environmental lawyer that has never been before a trial or grand jury, was shown by the committee as willing to step up and fulfill Trump’s wishes in championing election fraud claims and cause doubts in the results at the highest levels.
Trump and Perry sought to install him as acting attorney general, as Jeffrey Rosen, who replaced Bill Barr as AG, and Richard Donoghue, his assistant, refused to sign a letter to Georgia officials stating that the DOJ was investigating irregularities in the election.
Perry noted in his filing that the DOJ has yet to access the materials on his phone and is trying to obtain a second search warrant that would guide its review, including a process to screen out potentially privileged materials. He is objecting to that, noting his phone includes “information that is protected by the Speech and Debate Clause of the United States Constitution, the Attorney-Client privilege, marital privilege, and which is otherwise personal and confidential.”
The case has been assigned to Judge Jia Cobb, an appointee of President Joe Biden.