Do We Know What Kind of Records Are These Text Messages?

There was a big showdown at the D.C. Circuit last week over the Speech or Debate Clause and Representative Scott Perry and his cell phone, the latter of which was seized by the FBI in connection with the Jan. 6 investigation. Representative Perry wants it back, and he does not want anything on it used in the investigation. He went to Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia and moved to quash the order for his phone. The judge said no, Perry’s legal team appealed, and the U.S. Court of Appeals for the D.C. Circuit held arguments last week. 

To discuss it all, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare senior editors Quinta Jurecic and Scott Anderson, and Dominic Solari, a Lawfare student contributor who wrote an oral argument preview and summary of the case.

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