(Bloomberg) — Republican Representative Scott Perry asked a federal judge to order the Justice Department to return mobile phone data that it seized as part of the government’s investigation into efforts to overturn the 2020 presidential election.
Most Read from Bloomberg
Perry argued that he must determine which data is protected from disclosure rather than giving that power to members of the executive branch to “unlawfully” review the “protected materials,” according to a court filing in Washington.
The lawmaker from Pennsylvania is also seeking a restraining order that would prevent the government from searching data taken from his phone until the court has ruled on the return of his “property.”
On Aug. 9, special agents from the FBI seized Perry’s phone after a Pennsylvania judge issued a warrant. The seizure came after the House committee investigating the Jan. 6 Capitol riot held a hearing that showed Perry’s involvement in pushing the Trump administration to install Jeffrey Clark or someone else to lead DOJ who would pursue election fraud claims.
Perry’s attorney asked to review the data for information protected by certain privileges such as attorney client and those afforded to lawmakers. Perry alleged that prosecutors considered a different approach where both parties could review the data and sort out what would be protected.
Perry also claimed prosecutors said they would seek a second search warrant that would authorize them to review cell phone data if he refused to waive protections under the US Constitution’s Speech and Debate Clause, which prohibits questioning of members of Congress about legislative work. Perry declined to waive the protection.
A second search warrant hasn’t been issued yet, and Perry is unaware of any steps taken by the government to obtain his telephone records from AT&T, according to the filing.
Bill Miller, a spokesman for the US attorney’s office for the District of Columbia, declined to comment.
The filing was earlier reported by Politico.
Most Read from Bloomberg Businessweek
©2022 Bloomberg L.P.
