A federal appeals court has denied access to phone records obtained from Trump friend U.S. Rep. Scott Perry to the office of special counsel Jack Smith.
A three-judge majority of the D.C. Circuit Court of Appeals overturned portions of a lower court decision on Tuesday that had granted Smith’s team access to almost 2,000 data from the phone of the Pennsylvania lawmaker.
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According to a report from the Epoch Times, the justices referred the verdict back to the lower court “to apply the correct standard” to Perry’s documents, even though the appeals court decision is still under seal.
In August 2022, as part of their investigation into former President Donald Trump’s complaints about the 2020 election, federal officials confiscated Rep. Perry’s phone. On January 6, 2021, Rep. Perry, a Freedom Caucus member, joined the previous president in opposing the electoral certification, raising questions about the validity of the election.
Jack Smith suffered a defeat with Tuesday’s verdict, but the public conflict over Perry’s phone records will go on. Perry’s privilege defenses will be examined by the lower court judge, who will also decide whether or not investigators may look at his contacts with “individuals outside the federal government, communications with members of the Executive Branch, and communications with other Members of Congress regarding alleged election fraud,” on the basis of the docket entry.
After Tuesday’s decision, Perry’s defense may have a better legal case for why his records shouldn’t be investigated by the special counsel.
Following the 2020 election, Perry wrote letters to many state legislatures outlining the allegations of rampant voting fraud made by the Trump campaign. Perry’s conversations with members of the executive branch were “proactive, persistent, and protracted,” according to the ruling by left-leaning U.S. District Judge Beryl Howell, who earlier gave investigators access to the records.
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revealing over 930 conversations with former Trump assistant attorney general Jeffrey Clark and chief of staff Mark Meadows.
