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(Most of the litigation in the case is under seal.)

The full opinion from the appeals panel wasn’t publicly released, so it’s not clear what standard the judges want to see applied to Perry’s texts, and how their new formula could benefit Perry or the prosecutors. The lower-court judge was ordered to reconsider Perry’s privilege arguments and determine if investigators can examine his communications with “individuals outside the federal government, communications with members of the Executive Branch, and communications with other Members of Congress regarding alleged election fraud,” according to a docket entry made public Tuesday.

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Instead of endorsing that ruling, the appeals panel sent the case back to that judge with guidance for how to re-evaluate the high-profile matter. The decision is also a partial blow to prosecutors, who wanted the appeals panel to uphold a lower-court ruling that granted them access to most of the files on Perry’s phone. The judges, however, sent the case back to a lower court to “apply the correct standard” and determine which of Perry’s communications can be examined. Perry asked the DC Circuit Court of Appeals to completely block the Justice Department from accessing his cell phone. However, Smith’s team hasn’t yet examined the material, which was set aside while Perry’s legal challenges play out.

Scott Perry’s cell phone that was seized by the FBI, and sent the case back to a lower court for further litigation over what material investigators can examine.įederal investigators seized Perry’s phone in August 2022 while investigating the efforts by former President Donald Trump and his Republican allies to overturn the 2020 election. A federal appeals panel on Tuesday declined to issue a broad order blocking special counsel Jack Smith’s team from accessing data from Pennsylvania Rep.