Rep. Scott Perry (R-Pa.) has sued President Joe Biden’s administration after Department of Justice (DOJ) officials seized the congressman’s phone, but says an agreement might be reached outside of court.
Perry says data from his phone includes protected material, including information protected by attorney-client privilege.
His lawyer tried raising concerns with the government but the concerns were brushed aside, according to the 16-page filing, which says that the DOJ and/or the FBI have data seized from the phone.
The DOJ did not respond to a request for comment.
New Filing
On Aug. 24, Perry entered a new motion asking the court to hold the emergency motion in abeyance (temporary suspension).The reason? A possible resolution with the government.
“Plaintiff makes this request in light of further communications with counsel for the Government since filing his Emergency Motion about a process to prevent the disclosure of information that is protected by the Speech and Debate Clause, the Attorney-Client Privilege, and other applicable privileges and protections,” John Irving, a lawyer representing Perry, said in the request.
The Speech and Debate Clause of the U.S. Constitution protects members of Congress from some law enforcement action.
“Granting this request will allow the parties to further discuss the possibility of resolving the Emergency Motion by agreement. Plaintiff reserves the right to renew his Motion should such resolution not be possible,” Irving added.
Perry, an ally of former President Donald Trump, had his phone seized one day after Trump’s Mar-a-Lago residence was raided by FBI agents.
“My phone contains info about my legislative and political activities, and personal/private discussions with my wife, family, constituents, and friends. None of this is the government’s business,” Perry said previously.
The congressman later said that he learned he was not the target of the investigation for which the phone was taken, but details of the probe remain unclear.
