Rep. Scott Perry (R-PA) quietly dropped a lawsuit against the Department of Justice to recover data from his phone seized by the FBI earlier this year, which appeared to be an escalation of the investigation into efforts to overturn the 2020 election results.
The congressman’s phone records were taken in an execution of a Aug. 9 search warrant, according to a court filing. His sudden filing to dismiss the lawsuit on Wednesday came with no explanation in a stark contrast to when he very publicly decried the FBI when the seizure happened. Reporters who noticed the filing noted that it could mean there were some “fruitful” negotiations with DOJ.
JUST IN: Rep. Scott Perry, whose phone was seized by the FBI, is dropping his lawsuit to recover the data taken by prosecutors. He had already held it in abeyance signaling productive discussions — it appears they resolved (or agreed not to resolve) any privilege issues. pic.twitter.com/jqZrcSeHlP
— Kyle Cheney (@kyledcheney) October 26, 2022
Rep. Scott Perry dropping his lawsuit against the government over his phone, which the FBI seized at the beginning of August as part of DOJ OIG probe. Could mean negotiations with DOJ over the search of the phone + privilege were fruitful https://t.co/JQsVIdFV2W
— Nicholas Wu (@nicholaswu12) October 26, 2022
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In the lawsuit, Perry sought to block the Justice Department from accessing his phone and argued that much of the information was protected by the “Speech and Debate clause of the United States Constitution, the Attorney-Client privilege, marital privilege, and which is otherwise personal and confidential.”
Perry, who is chairman of the House Freedom Caucus, previously said his attorneys were told he is not a target of investigation, led by the DOJ inspector general, and confirmed he received his cellphone back.
The Jan. 6 committee sought testimony from Perry because of his efforts to help former President Donald Trump with overturning the 2020 election. He was subpoenaed by the Jan. 6 panel in May after he refused to offer voluntary testimony to lawmakers. But Perry spurned the subpoena, alongside several other Republicans.
Still, he remained very much a focus for his colleagues on the panel. As the Jan. 6 committee showed this summer, Perry acted as a go-between for the White House and Justice Department official Jeffrey Clark amid discussions about how to use the agency to further investigate election fraud claims, according to Axios. This included discussions about replacing department leadership.
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Former White House staffer Cassidy Hutchinson, a key witness to testify before the Jan. 6 panel, alleged Perry was part of a group of Republican lawmakers who reached out for a pardon after the Capitol riot, a claim the congressman has denied.
The Washington Examiner reached out to Perry’s office for comment.
