DOJ reveals edited search warrant for Rep. Scott Perry’s phone

Earlier this month, following extended legal battles, the U.S. Department of Justice made available a redacted affidavit tied to the investigation of U.S. Rep. Scott Perry’s (R-Pa.) cell phone regarding activities to overturn the 2020 election results.

This release occurred after a group of Pennsylvania news outlets, represented by legal professionals from the Reporters Committee for Freedom of the Press, successfully challenged the sealing of numerous documents, including records explaining the basis for the government’s belief in the probable cause to search the congressman’s phone for evidence of illegal activity.

The contents of the 83-page affidavit supplement previously disclosed information from the U.S. House of Representatives’ Select Committee investigating the January 6, 2021, riot at the U.S. Capitol. According to PennLive, one of the media coalition members, the newly unveiled records “add another layer to the stack of evidence showing that Perry … worked feverishly in the last weeks of Trump’s term to help him cling to power.”

The affidavit details Rep. Perry’s extensive interactions with officials from the Trump administration, the Justice Department, and others in attempting to reverse the election results, despite evidence indicating a lack of credible fraud to change the outcome, as stated in the affidavit.

Although Perry did not respond to requests for comments from news outlets, he was not charged with any wrongdoing. The Justice Department concluded its inquiry into the election-related actions after former President Trump secured reelection to the White House last year.

The revelation of the search warrant records marks the conclusion of the Reporters Committee lawyers’ years-long endeavor to enhance transparency related to two separate federal cases concerning the confiscation of Perry’s phone and its relevance to the investigation into the Capitol attack.

Reporters Committee attorneys have been actively involved in litigating cases challenging the government’s concealment of information surrounding investigations of Congress members, resulting in the uncovering of court records and facilitating insightful investigative journalism into government actions.

The public has the right to comprehend the rationale behind the Justice Department’s seizure of a sitting member of Congress’s property. Transparency in judicial records ensures informed public evaluation of any potentially concerning matters.

The legal team’s involvement in the Perry cases began when news broke about the seizure of his phone amid the Jan. 6 investigation, leading Perry to disclose the seizure on Fox News and later pursue legal action for data retrieval.

Representing media outlets, Reporters Committee attorneys contested the sealing of warrant materials, emphasizing the public’s presumptive rights for access and public oversight to evaluate government actions critically, especially in cases involving alleged efforts to disrupt lawful governmental transitions and inquiries into sitting public officials.

The government’s initial resistance to revealing any information was overruled by the court, acknowledging the public’s right to access information already in the public domain. Judicial orders supported the unsealing of warrant details, raising concerns about separation of powers due to the investigation involving a seated member of Congress.

The ongoing litigation efforts stress the importance of transparency in judicial processes, particularly when controversies involve elected officials and critical governmental functions.