Rep. Scott Perry, R-Pa., at the U.S. Capitol in Washington, D.C., July 29, 2021. Perry has sued the Department of Justice to block the search of his cell phone contents. The FBI seized his phone using a search warrant signed by a judge Aug. 9. Photo by Bonnie Cash/UPI |
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Aug. 24 (UPI) -- Rep. Scott Perry, R-Pa., has filed a federal lawsuit in a bid to force the Justice Department to return cellphone data and other property seized during the execution of a warrant on Aug. 9. The suit also seeks to stop the government from reviewing the data seized in the court-approved search.
Perry's suit said he anticipates a second search warrant and therefore is asking the federal court to block the Justice Department from "obtaining records and other information associated with the cellular phone that is within the possession, custody and control of AT&T."
Perry, a Trump ally, has refused to comply with a subpoena from the Jan. 6 House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol.
Acting under a court-approved search warrant, FBI agents seized the phone in New Jersey while Perry was on vacation. Perry's suit said the FBI created a forensic copy of the phone and then returned the physical phone to Perry later that same day.
Perry said in his court filing that he requested the Justice Department not seek a second search warrant to review the data.
Instead, Perry said, he wants to review the information and "cooperatively provide the government with whatever information they are seeking, so long as it did not infringe on the speech and debate clause, attorney-client privilege and other applicable privileges and protections."
The Justice Department rejected that and proposed that they and Perry's counsel would simultaneously review the phone's information and determine whether specific records are protected.
The speech and debate clause of the U.S. Constitution limits legal action against members of Congress related to their duties.
To obtain the search warrant that allowed the FBI to seize Perry's phone, the judge who signed the warrant had to be convinced there was probable cause that a crime had been committed.
The warrant used to seize the cellphone was signed by Magistrate Judge Susan Schwab in the Middle District of Pennsylvania federal court.
Perry's suit alleges that the Justice Department "has failed to establish by probable cause a sufficient nexus to any criminal conduct under investigation."
