Scotus rulings 202210/13/2023 ![]() ![]() “While elections are political events, a Member’s deliberation about whether to certify a presidential election or how to assess information relevant to legislation about federal election procedures are textbook legislative acts protected” under the law, Circuit Judge Neomi Rao wrote in the opinion of the three-judge panel. They didn’t give Perry as broad of a protection as he wanted, however. A trial judge disagreed, but the appeals court sided with the congressman on some crucial arguments he made about preparing for votes. Perry had argued in court that messages he sent about contesting the 2020 election and election fraud amounted to “fact-gathering” before the January 6, 2021, congressional certification of the presidential election. The question about access to Perry’s phone records turns largely on whether what he was discussing was part of his duties as a member of Congress. The FBI seized Perry’s phone in August 2022, and Smith has continued to want access to the records for his own investigation, which is ongoing. Prosecutors may be able to get records of Perry’s interactions with Trump administration officials and the former president himself on a case-by-case basis, however.Īt very least, the appeals court proceedings have put on hold prosecutors’ ability to access a cell phone they wanted to examine of a top, well-connected official backing Trump’s election fraud beliefs after the 2020 election in Pennsylvania and elsewhere. It also establishes additional protection for members of Congress around their discussions as they prepare for votes, so that they cannot be swept up in federal criminal investigations – a major legal development in defining the separation of powers. ![]() Trump's access to classified information restricted as he heads to trial in documents case, federal judge rules US District Court/Southern District of Florida Boxes of documents are stored inside the Mar-a-Lago Club's White and Gold Ballroom in this photo included in Donald Trump's federal indictment.
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