GOP Rep. Perry Sues DOJ After It Seized Cell Phone For Jan. 6 Investigation

Topline

Rep. Scott Perry (R-Penn.) sued the Department of Justice last week after it seized his cell phone as part of the agency’s investigation into the January 6 attack on the Capitol building and the aftermath of the 2020 election, as Perry allegedly aided former President Donald Trump’s efforts to overturn the results.

Key Facts

Perry filed a motion in federal court in Washington, D.C., on August 18 (which was not made public until Tuesday) asking for it to order the DOJ to return all of Perry’s cell phone data and any other property it seized, after the agency seized the congressman’s phone on August 9 and took a forensic image of its data.

The seizure took place hours after the FBI raided Trump’s Mar-A-Lago estate, but Politico reports Perry was targeted due to his efforts to help overturn the election results, which is unrelated to the Mar-A-Lago search.

Perry claims searching his phone would violate the Constitution’s Speech and Debate clause, which states that members of Congress “shall not be questioned in any other place” outside of the chamber where they serve, and he argues he should be allowed to determine which of his cell phone records are protected.

Though the DOJ obtained a warrant to seize his phone, Perry alleges the agency does not yet have a second search warrant to actually search its contents, “so far as we know.”

In a further court filing on Wednesday, Perry asked the court to hold off on considering his motion because of ongoing discussions with the government about a “process to prevent the disclosure of” protected information, suggesting the lawmaker is hoping to come to an agreement with the DOJ outside of court.

The DOJ has not yet responded to a request for comment.

Tangent

The legal tussle over Perry’s cell phone comes as Trump attorney John Eastman has also gone to court to challenge the agency’s seizure of his cell phone records as part of its January 6 probe. A federal judge denied Eastman’s emergency request to block investigators from using his phone data in its probe in mid-July, and a hearing will take place on September 6 in the case. Trump allies have repeatedly gone to court in an effort to block evidence and testimony from lawmakers and investigators probing January 6, and several have been indicted for contempt of Congress as a result of their unwillingness to cooperate.

What To Watch For

The DOJ’s probe into January 6 has been heating up in recent months and has been increasingly moving toward Trump and his top aides and allies. In addition to its cell phone seizures, the agency has taken steps like issuing subpoenas to multiple former Trump attorneys, including ex-White House counsel Pat Cipollone, and brought in top aides to former Vice President Mike Pence to testify. The investigation is reportedly looking into the Trump campaign’s scheme that assembled “fake electors” in battleground states who submitted false election results to Congress claiming Trump had won, as well as Justice Department official Jeffrey Clark’s attempt to stop Georgia from certifying President Joe Biden’s win by falsely claiming the DOJ had found evidence of fraud. (The DOJ has also searched Clark’s home.) While most details about the agency’s investigation are not public, multiple reports suggest investigators are increasingly looking into Trump himself and whether he could have violated any laws, with witnesses being asked about their conversations with the ex-president.

Key Background

Perry, who serves as the chairman of the conservative House Freedom Caucus, has increasingly become a target of lawmakers and investigators looking into the post-election period. The lawmaker reportedly introduced Trump to Clark and was part of the effort to install Clark as the acting attorney general as part of the ex-president’s post-election efforts, according to a Senate Judiciary Committee report, and participated in a December 2020 meeting with Trump that discussed overturning the election results. According to testimony given to the House January 6 Committee, Perry was one of at least six GOP lawmakers who asked Trump for pardons following the January 6 attack on the Capitol building, though he denies that claim. The lawmaker has been subpoenaed to testify before the House January 6 Committee, but has so far resisted the request.

Further Reading

Firebrand GOP Rep. Scott Perry Says FBI Seized His Cell Phone (Forbes)

Trump Lawyer Herschmann Subpoenaed In DOJ’s Jan. 6 Probe — Here’s Who Else Has Been Asked To Testify (Forbes)

Jan. 6 Hearings: 6 Republicans Allegedly Asked Trump For Pardons—Including Marjorie Taylor Greene And Matt Gaetz (Forbes)

Senate report reveals new details about Trump’s efforts to push Justice Department to overturn election (CBS News)

Rep. Scott Perry denies Jan. 6 committee accusation that he sought a Trump pardon (CBS News)