What’s Going On With Scott Perry’s Cell Phone?
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 28 February 2023
⏱️ 42 minutes
🧾️ Download transcript
Summary
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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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | And we also have this open question about whether communicating with members of the public and members of the executive branch, |
| 0:41.0 | so outside of congress renders those communications no longer privileged. |
| 0:45.0 | I'm Benjamin Wittis and this is the LawFair podcast February 28, 2023. |
| 0:55.0 | Yes, there was a big showdown at the DC Circuit last week over the speech or debate clause and no it had nothing to do with Mike Pence. |
| 1:05.0 | But it may have everything to do with Mike Pence. |
| 1:09.0 | It had to do with Representative Scott Perry and his cell phone, |
| 1:15.0 | the latter of which was seized by the FBI in connection with the January 6th investigation. |
| 1:22.0 | And Representative Perry wants it back and he sure doesn't want anything on it used in the investigation. |
| 1:30.0 | And he went to Chief Judge Barrel Howell of the US District Court for the District of Columbia and moved to quash the order for his phone. |
| 1:42.0 | The judge said no and the DC Circuit held arguments last week and there's been a mess of stuff unsealed all of a sudden. |
| 1:50.0 | So we got together in the virtual jungle studio to discuss it all. |
| 1:55.0 | Quinted Jurassic and Scott Anderson, LawFair senior editors and Dominic Solari, our student contributor who wrote a terrific oral argument preview and summary of the case. |
| 2:10.0 | It's about time we had some good grand jury investigation litigation in the DC Circuit. |
| 2:17.0 | We haven't had that since the Mueller investigation, at least not that LawFair listeners would care about. |
| 2:24.0 | So I'm super pumped. It's the LawFair podcast February 28th. |
| 2:30.0 | What's going on with Scott Perry's cell phone? |
... |
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