Investigators have long been fighting to obtain records from Perry, who aided Donald Trump’s effort to remain in power after the 2020 election.
that would have allowed Smith’s prosecutors to access much of the contents they sought from Perry’s phone.from Perry in August 2022, under a court-authorized search warrant, but has yet to access relevant documents and communications after Perry moved to prevent it, citing his legal privileges as a federal lawmaker and the authority of Congress to be free of interference from the executive branch.
The new ruling is a significant milestone for both Perry and the House of Representatives, which raised alarms about prosecutors’ effort to access the phone of a member of Congress. Judge Neomi Rao, a Trump appointee, wrote the appeals court’s main opinion, joined by Judge Karen LeCraft Henderson, who was nominated by President George H.W. Bush. Judge Greg Katsas, also a Trump appointee, filed a six-page concurring opinion. The grounds for any disagreement among the judges wasn’t immediately clear since the opinions remain under seal.
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