A recent twist, Chief U.S. District Judge James Boasberg has given Justice Department investigators the green light to access a cell phone linked to Congressman Scott Perry (R-PA). Perry, a suspected key player in Donald Trump’s alleged attempts to influence the 2020 election, had been fighting to keep nearly 1,700 records on his phone from being opened.
Perry claimed protection under the Constitution’s speech or debate clause, asserting immunity for Congress members in the course of their official duties. However, the judge’s ruling marks a significant shift in the ongoing legal battle that began when the feds seized Perry’s phone in August 2022.
The FBI, investigating Perry’s potential involvement in Trump’s alleged conspiracy to disrupt the 2020 election certification, sought access to the phone. Text messages released in November revealed Perry’s deeper connections to Justice Department official Jeffrey Clark than previously known.
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The judges weighed in on the nature of the messages, distinguishing between legislative and non-legislative efforts. Boasberg’s ruling specified that messages involving non-legislative efforts during the Capitol insurrection on January 6, 2021, were fair game for investigation.
Now, the order sets the stage for a process to determine which messages can be used as evidence by special counsel Jack Smith and his investigative team in the ongoing case.
