An appellate court partially overturned the order of a judge who allowed investigators to look at the Republican lawmaker’s communications around Jan. 6.
that the search would violate constitutional protection from criminal investigation for lawmakers engaged in “speech or debate.” He made the same argument on appeal, backed by a bipartisan group of House leaders.
Howell agreed in December that 164 of 611 communications Perry conducted with other House members were privileged because they concerned core legislative actions involving Congress’s joint session to confirm the 2020 electoral college vote, and matters such as committee assignments. But she rejected that claim for the rest of his conversations with lawmakers, 678 messages with private outside parties, and 930 messages involving executive branch officials.
The opinion from the appeals court was written by Judge Neomi Rao with a concurring opinion by Judge Gregory Katsas. Both are Trump appointees who served in his administration. At an oral argument earlier this year, part of which was held in public, both suggested Howell had improperly drawn a line between formal investigations and informal fact-finding.
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