Judge Orders Perry To Disclose Messages To Prosecutors
Central PA representative must turn over 1,659 of 2,055 documents at issue
December 20, 2023
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Central PA representative must turn over 1,659 of 2,055 documents at issue
In the “must he” or “mustn’t he” world of Rep. Scott Perry’s messages related to the 2020 election, a federal judge ruled Tuesday that he must disclose them to prosecutors.
Chief U.S. District Judge James Boasberg concluded that Perry (R-10) must disclose to federal prosecutors more than 1,600 emails, text messages and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election.
Although the ruling did not force the release of all messages, Boasberg said that the majority of messages could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.
He concluded that the 1,659 exchanges of emails, text messages and other communications had little to do with Perry’s job as a legislator and therefore were not subject to the Constitution’s “speech or debate” clause, which prohibits prosecutors and courts from prying into the official business of Congress. Boasberg did say that nearly 400 of Perry’s records are protected by the clause.
The judge broke the communications with other members of Congress into no fewer than 14 subcategories, finding that nine are not privileged:
Boasberg also classified Perry’s communications involving members of the Executive Branch into eight subcategories, finding that only two were covered by the Speech or Debate Clause. The other six were:
An attorney for Perry said he has not yet determined whether he will appeal Boasberg’s ruling.
The FBI seized Perry’s phone in 2022 — before Jack Smith was appointed special counsel — as part of a federal investigation into efforts to interfere with the certification of the 2020 election. Investigators sought a second warrant to access Perry’s data but had to wait as Perry asserted speech or debate protection over 2,219 records.
A federal judge previously ruled that the majority of those records were not protected, and ordered Perry to disclose them. The Pennsylvania Republican appealed that decision.
The appeals court largely upheld the judge’s order but ruled that speech or debate protection could apply in some circumstances that the lower court had rejected, requiring a re-review of the records from the district court.
In the “must he” or “mustn’t he” world of Rep. Scott Perry’s messages related to the 2020 election, a federal judge ruled Tuesday that he must disclose them to prosecutors.
Chief U.S. District Judge James Boasberg concluded that Perry (R-10) must disclose to federal prosecutors more than 1,600 emails, text messages and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election.
Although the ruling did not force the release of all messages, Boasberg said that the majority of messages could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.
He concluded that the 1,659 exchanges of emails, text messages and other communications had little to do with Perry’s job as a legislator and therefore were not subject to the Constitution’s “speech or debate” clause, which prohibits prosecutors and courts from prying into the official business of Congress. Boasberg did say that nearly 400 of Perry’s records are protected by the clause.
The judge broke the communications with other members of Congress into no fewer than 14 subcategories, finding that nine are not privileged:
Boasberg also classified Perry’s communications involving members of the Executive Branch into eight subcategories, finding that only two were covered by the Speech or Debate Clause. The other six were:
An attorney for Perry said he has not yet determined whether he will appeal Boasberg’s ruling.
The FBI seized Perry’s phone in 2022 — before Jack Smith was appointed special counsel — as part of a federal investigation into efforts to interfere with the certification of the 2020 election. Investigators sought a second warrant to access Perry’s data but had to wait as Perry asserted speech or debate protection over 2,219 records.
A federal judge previously ruled that the majority of those records were not protected, and ordered Perry to disclose them. The Pennsylvania Republican appealed that decision.
The appeals court largely upheld the judge’s order but ruled that speech or debate protection could apply in some circumstances that the lower court had rejected, requiring a re-review of the records from the district court.
In the “must he” or “mustn’t he” world of Rep. Scott Perry’s messages related to the 2020 election, a federal judge ruled Tuesday that he must disclose them to prosecutors.
Chief U.S. District Judge James Boasberg concluded that Perry (R-10) must disclose to federal prosecutors more than 1,600 emails, text messages and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election.
Although the ruling did not force the release of all messages, Boasberg said that the majority of messages could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.
He concluded that the 1,659 exchanges of emails, text messages and other communications had little to do with Perry’s job as a legislator and therefore were not subject to the Constitution’s “speech or debate” clause, which prohibits prosecutors and courts from prying into the official business of Congress. Boasberg did say that nearly 400 of Perry’s records are protected by the clause.
The judge broke the communications with other members of Congress into no fewer than 14 subcategories, finding that nine are not privileged:
Boasberg also classified Perry’s communications involving members of the Executive Branch into eight subcategories, finding that only two were covered by the Speech or Debate Clause. The other six were:
An attorney for Perry said he has not yet determined whether he will appeal Boasberg’s ruling.
The FBI seized Perry’s phone in 2022 — before Jack Smith was appointed special counsel — as part of a federal investigation into efforts to interfere with the certification of the 2020 election. Investigators sought a second warrant to access Perry’s data but had to wait as Perry asserted speech or debate protection over 2,219 records.
A federal judge previously ruled that the majority of those records were not protected, and ordered Perry to disclose them. The Pennsylvania Republican appealed that decision.
The appeals court largely upheld the judge’s order but ruled that speech or debate protection could apply in some circumstances that the lower court had rejected, requiring a re-review of the records from the district court.
In the “must he” or “mustn’t he” world of Rep. Scott Perry’s messages related to the 2020 election, a federal judge ruled Tuesday that he must disclose them to prosecutors.
Chief U.S. District Judge James Boasberg concluded that Perry (R-10) must disclose to federal prosecutors more than 1,600 emails, text messages and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election.
Although the ruling did not force the release of all messages, Boasberg said that the majority of messages could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.
He concluded that the 1,659 exchanges of emails, text messages and other communications had little to do with Perry’s job as a legislator and therefore were not subject to the Constitution’s “speech or debate” clause, which prohibits prosecutors and courts from prying into the official business of Congress. Boasberg did say that nearly 400 of Perry’s records are protected by the clause.
The judge broke the communications with other members of Congress into no fewer than 14 subcategories, finding that nine are not privileged:
Boasberg also classified Perry’s communications involving members of the Executive Branch into eight subcategories, finding that only two were covered by the Speech or Debate Clause. The other six were:
An attorney for Perry said he has not yet determined whether he will appeal Boasberg’s ruling.
The FBI seized Perry’s phone in 2022 — before Jack Smith was appointed special counsel — as part of a federal investigation into efforts to interfere with the certification of the 2020 election. Investigators sought a second warrant to access Perry’s data but had to wait as Perry asserted speech or debate protection over 2,219 records.
A federal judge previously ruled that the majority of those records were not protected, and ordered Perry to disclose them. The Pennsylvania Republican appealed that decision.
The appeals court largely upheld the judge’s order but ruled that speech or debate protection could apply in some circumstances that the lower court had rejected, requiring a re-review of the records from the district court.
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