What’s Going On With Scott Perry’s Cell Phone?
The Lawfare Podcast
In the Absence of Official Authorization, This Counts as Legislative Activity
Dominic House: Judge Rao seems to have bought into the idea that in the absence of congressional authorization, this counts as legislative activity. He says she leaned heavily on a DC Circuit president called McShirley who said for these sorts of fact-finding investigations to be within the scope of the privilege, they have to be authorized by some sort of body. The question now is whether it's too broad or if there are enough precedents out there which would allow lawmakers to do things without approval from other parts of Congress.
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