Federal Appeals Court Weighs Legality of Justice Department Seizing Pennsylvania Rep. Scott Perry’s Cellphone

A federal appeals court is currently deciding whether the Justice Department was legally allowed to seize Pennsylvania Rep. Scott Perry’s cellphone last year. On Thursday, attorneys representing Perry and special counsel Jack Smith’s office argued before the Washington, D.C. Circuit Court of Appeals.

At the center of the case is Perry’s argument that the Speech or Debate Clause of the Constitution protects him from certain investigative steps. The clause grants lawmakers legal protections for legislative activities. The panel pushed prosecutors to clarify their interpretation of the law and later held a sealed hearing about the matter.

In August, FBI agents seized Perry’s cellphone as part of an investigation into the Jan. 6, 2021 attack on the U.S. Capitol. Perry, an ally of former President Donald Trump, has since sued the DOJ requesting the return of all cellphone data the FBI had seized.

At Thursday’s hearing, Perry’s lawyer argued that the government does not have the authority to search the data because his phone contained sensitive information protected by the Speech or Debate Clause. The court has yet to make a ruling on the matter, and much of the proceedings and legal rulings in this case have remained behind closed doors.

It remains to be seen whether the court will rule in favor of Perry or the Justice Department. The decision will have implications for the future of the investigation into the Capitol attack, as well as the scope of the Speech or Debate Clause.