The Pennsylvania Republican has support from House leadership as he argues the Constitution's “speech and debate” clause protects him from the special counsel probe.
“If there are privileges and protections enjoyed by a Vice President when he or she serves as the President of the Senate during the Joint Session to count the electoral votes, those privileges and protections would yield to the demands of criminal process as — if not sooner than — do the Speech or Debate Clause privileges and protections for Senators and Representatives,” LuttigStanley M.
Brand declined to comment on the specifics of Perry’s case, which remains almost entirely under seal. The appeals court also plans to hear arguments on whether Howell’s order was final and thus appealable. The court could rule that Perry must be held in contempt for defying the subpoena before he can challenge it.
To obtain the warrant to search Perry’s phone, the Justice Department would have had to show probable cause that a crime was committed. Perry has said through a spokesperson that he is considered a witness, not a subject, in the investigation.
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