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Rep. Scott Perry sues DOJ to block search of his cellphone

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 | <a href=License Photo” height=”533″ src=”https://cdnph.upi.com/svc/sv/upi/3611661369436/2022/1/2ec2fe4679eaec87719234ad4bca7d70/Rep-Scott-Perry-sues-DOJ-to-block-search-of-his-cellphone.jpg” title=”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 cellular phone contents. The FBI seized his phone utilizing a search warrant signed by way of a judge Aug. 9. Photo by Bonnie Cash/UPI | License Photo” width=”800″>

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 cellular phone contents. The FBI seized his phone utilizing a search warrant signed by way of a judge Aug. 9. Photo by Bonnie Cash/UPI | License Photo

Aug. 24 (UPI) — Rep. Scott Perry, R-Pa., has filed a federal lawsuit in a bid to force the Justice Department to come back cellphone data along with other property seized through the execution of a warrant on Aug. 9. The suit also seeks to avoid the federal government from reviewing the info seized in the court-approved search.

Perry’s suit said he anticipates another search warrant and for that reason is asking the federal court to block the Justice Department from “obtaining records along with other information linked to the cellular phone that’s within the possession, custody and control of AT&T.”

Perry, a Trump ally, has refused to adhere to 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 telephone in NJ while Perry was on holiday. Perry’s suit said the FBI created a forensic copy of the telephone and returned the physical phone to Perry later that same day.

Perry said in his court filing he requested the Justice Department not seek another search warrant to examine the info.

Instead, Perry said, he really wants to review the info and “cooperatively supply the government with whatever information they’re seeking, as long as it didn’t infringe on the speech and debate clause, attorney-client privilege along with other applicable privileges and protections.”

The Justice Department rejected that and proposed 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 linked to their duties.

To get the search warrant that allowed the FBI to seize Perry’s phone, the judge who signed the warrant needed to be convinced there is probable cause a crime have been committed.

The warrant used to seize the cellphone was signed by Magistrate Judge Susan Schwab in the centre District of Pennsylvania federal court.

Perry’s suit alleges that the Justice Department “has didn’t establish by probable result in a sufficient nexus to any criminal conduct under investigation.”

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