Court throws wrench in Jack Smith's effort to read congressman's Jan. 6 texts: report

A federal appeals court on Tuesday handed what appears to be a partial victory for Rep. Scott Perry in the Pennsylvania Republican's effort to block special counsel Jack Smith from investigating data on his phone that was seized by the FBI, Politico reports.

Federal investigators in August 2022 seized Perry’s phone amid an investigation over allegations former President Donald Trump and his allies tried to overturn the 2020 election. They have been unable to access it because Perry filed a legal challenge, citing his privilege as a federal lawmaker.

The D.C. Circuit Court of Appeals has sent the case back to a lower court to “apply the correct standard” over which of Perry’s communications can be investigated, the report said.

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CNN reported that, “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.”

The report notes that since the appeals panel’s opinion wasn’t made public it’s not known what standard it seeks to be applied to Perry’s text messages, but that the ruling has to some degree “narrowed the ability of investigators to scrutinize Perry’s phone, while still allowing them to continue their efforts to access the material.”

Politico's Kyle Cheney said of the ruling in a social media post: "The appeals court has done ... something ... about Jack Smith's effort to access Rep. Scott Perry's phone. But what, exactly, they've done is under seal. It does seem like at least a partial victory for Perry — perhaps total."

Smith is seeking access to over 2,200 communications between Perry and the Trump White House, among others, according to the report.

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