A federal judge ruled Tuesday that Rep. Scott Perry, R-Pa., must disclose 1,659 documents to government investigators, as they are not protected by the speech or debate clause of the Constitution. This ruling is the latest development in an ongoing Jan. 6-related investigation that has ensnared the Trump ally for months.
The investigation began when the FBI seized Perry’s phone in 2022 as part of a federal probe into efforts to interfere with the certification of the 2020 election. Perry had sought speech or debate protection over 2,219 records, but most of those records were ruled as not protected by a federal judge.
Chief Judge James Boasberg ruled that 396 of Perry’s records are protected by the speech or debate clause, but the remaining records, which include messages about alleged election fraud and the role of the vice president in certifying the electoral vote count, must be turned over to investigators.
Perry had previously argued that the Constitution’s speech or debate clause protected him from the government searching his communications, but this argument was mostly rejected in the latest court filing. The clause is intended to protect a member’s speech in legislative session, and has been construed to protect speech beyond the session as well, according to the filing.
The congressman has been under scrutiny for his alleged actions after the 2020 presidential election. The Jan. 6 committee in the House previously obtained some of Perry’s text messages in which he asked former White House chief of staff Mark Meadows about a conspiracy theory related to the 2020 election.
A spokesperson for Perry did not immediately respond to a request for comment on the judge’s order Tuesday night.
Megan Lebowitz and Daniel Barnes report for NBC News, based in Washington.