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(130,597 posts)
Tue Sep 5, 2023, 02:15 PM Sep 2023

Appeals court declines to block special counsel's access to Rep. Scott Perry's phone [View all]

Last edited Tue Sep 5, 2023, 03:48 PM - Edit history (1)

Source: CNN Politics

CNN — A federal appeals panel on Tuesday declined to issue a broad order blocking special counsel Jack Smith’s team from accessing data from Pennsylvania Rep. Scott Perry’s cell phone that was seized by the FBI, and sent the case back to a lower court for further litigation over what material investigators can examine.

Federal investigators seized Perry’s phone in August 2022 while investigating the efforts by former President Donald Trump and his Republican allies to overturn the 2020 election. However, Smith’s team hasn’t yet examined the material, which was set aside while Perry’s legal challenges play out.

Perry asked the DC Circuit Court of appeals to block the Justice Department from accessing his cell phone. Instead of granting that request, the appeals panel sent the case back to a lower court to “apply the correct standard” and determine which of Perry’s communications can be examined.

The lower court was ordered to weigh Perry’s privilege arguments and determine if investigators can examine his communications with “individuals outside the federal government, communications with members of the Executive Branch, and communications with other Members of Congress regarding alleged election fraud,” according to a docket entry made public Tuesday.

Read more: https://www.cnn.com/2023/09/05/politics/scott-perry-phone/index.html

Full headline: Appeals court declines to block special counsel’s access to Rep. Scott Perry’s phone as court fight continues

I had to go through at least 3 different articles to understand what was going on with this order due to all the different article headlnes. Basically the District Court granted full access based on "x", "y", "z" and the Appeals Court said... um, not quite and sent it back to the lower court to clarify/correct some of the reasoning. I.e., they apparently can't look at every single thing but just a subset.
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