According to Trending Politics, a federal appeals court has blocked special counsel Jack Smith’s office from accessing phone records seized from U.S. Rep. Scott Perry, a supporter of former President Donald Trump. A three-judge panel from the D.C. Circuit Court of Appeals issued the ruling, which overturns parts of a lower court decision granting access to approximately 2,000 records from Perry’s phone.
While the specifics of the appeals court’s ruling remain sealed, a summary judgment in the docket suggests that the judges have sent the decision back to the lower court “to apply the correct standard” to Perry’s records.
Rep. Scott Perry’s phone was seized by federal law enforcement officers in August 2022 in connection with the investigation into Trump’s objections to the 2020 election. Perry, a member of the Freedom Caucus, had objected to the electoral certification on January 6, 2021, and, like Trump, believed the 2020 election was marred by irregularities.
While the appeals court’s decision represents a setback for Jack Smith’s office, the legal battle over Perry’s phone records will continue. The lower court judge has been instructed to review Perry’s privilege arguments and determine whether investigators can examine his communications with individuals outside the federal government, members of the Executive Branch, and other Members of Congress regarding alleged election fraud.
Tuesday’s ruling could strengthen Perry’s defense argument about whether his records should be included in the special counsel’s probe. Perry had communicated extensively with state lawmakers in the aftermath of the 2020 election, detailing Trump’s allegations of widespread voter fraud. The records being sought include numerous conversations with former Trump Chief of Staff Mark Meadows and former Assistant Attorney General Jeffrey Clark.
