As for Perry’s other communications with members of Congress, the executive branch and outside of the federal government, the appeals court offered a broader definition for the lower court to apply in determining which of the lawmaker’s communications are privileged. Judge Karen LeCraft Henderson, nominated by President George H.W. Bush, joined in Rao’s decision. Judge Greg Katsas, appointed by Trump, filed a separate concurring opinion, explaining that he viewed the breadth of the congressional communications privilege slightly differently than the other judges, but the disagreement did not make a difference in Perry’s case. Smith can appeal the decision to the full bench of the appellate court or to the U.S. Supreme Court. This article appeared originally on The Western Journal.
New: DC Circuit unsealed its opinion in the fight over Rep. Scott Perry’s phone records in the Jan. 6 probe — panel rejected both sides’ proposed categorical rules, sent back for “communication-by-communication” reviewhttps://t.co/Abs7QujoehPrev: https://t.co/0Lf4Wk9Hhd pic.twitter.com/5Cuc08QWc7 — Zoe Tillman (@ZoeTillman) September 13, 2023