The U.S. Court of Appeals for the District of Columbia Circuit dealt a significant blow to special counsel Jack Smith's investigation into the Jan. 6 riot at the U.S. Capitol Building.

They ruled that Smith cannot access Rep. Scott Perry's (R-Pa.) phone records due to the potential violation of the GOP lawmaker's immunity under the Constitution's 'speech and debate' clause.

Smith was seeking Perry's communications with colleagues and Executive Branch officials, but the clause safeguards members of Congress from legal proceedings while performing their elected official duties.

U.S. District Judge Neomi Rao stated, 'a member's deliberation about federal election procedures or whether to certify a presidential election are textbook legislative acts.'

This decision by the appeals court is significant since it is the first time that lawmakers' cellphones are being granted the same protections as their physical offices. Politico reported that it represents a major legal setback for Smith in his pursuit of evidence regarding alleged involvement by Donald Trump's allies in overturning the 2020 election results.

The U.S. Court of Appeals for the District of Columbia Circuit dealt a significant blow to special counsel Jack Smith's investigation into the Jan. 6 riot at the U.S. Capitol Building.
They ruled that Smith cannot access Rep. Scott Perry's (R-Pa.) phone records due to the potential violation of the GOP lawmaker's immunity under the Constitution's 'speech and debate' clause.
Smith was seeking Perry's communications with colleagues and Executive Branch officials, but the clause safeguards members of Congress from legal proceedings while performing their elected official duties.
U.S. District Judge Neomi Rao stated, 'a member's deliberation about federal election procedures or whether to certify a presidential election are textbook legislative acts.'
This decision by the appeals court is significant since it is the first time that lawmakers' cellphones are being granted the same protections as their physical offices. Politico reported that it represents a major legal setback for Smith in his pursuit of evidence regarding alleged involvement by Donald Trump's allies in overturning the 2020 election results.

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