Rep. Scott Perry, a close Trump ally, has filed suit against the Justice Dept. demanding all cell phone data seized by federal agents earlier this month be returned to him.
filed in Washington, D.C., federal court, Perry asked a judge to order investigators to return his phone data and bar them from obtaining or reviewing additional phone records held by his cell provider, AT&T.
His lawyers also requested the judge issue a temporary restraining order blocking investigators from accessing the data while the request is pending.Perry was on vacation with his family in New Jersey on Aug. 9 when he was approached by three federal agents who seized his phone, the court filing said. The agents had a search warrant for the device and Perry got the physical phone back that same day, after agents created a virtual image of its data.
According to the warrant, the phone data was to be taken to the Justice Department Inspector General's forensic lab in Northern Virginia. However, the initial warrant only authorized the seizure of the phone, meaning investigators would have to get a second warrant from a judge before actually going through the data.
In his filing, Perry argued that the phone contains information protected by marital and attorney-client privilege as well theof the U.S. Constitution, which grants lawmakers legal protections for legislative acts. The suit contends the government doesn't have the authority to search the data, and it should either be returned or agents should be limited in what they review.
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