Special counsel Jack Smith was thwarted again in his attempt to implicate another Republican as he widens his investigation into the Jan. 6, 2021, riot at the U.S. Capitol Building after filing charges against former President Donald Trump in association with events that day.
The U.S. Court of Appeals for the District of Columbia Circuit ruled earlier this month that Smith cannot have access to the phone records of Rep. Scott Perry (R-Pa.) because allowing him to obtain that data amounts to a breach of the Republican lawmaker’s immunity under the Constitution’s “speech and debate” clause.
Smith was attempting to access Perry’s communications with colleagues and Trump administration officials, Politico reported. But the clause in question protects members of Congress from being dragged into legal proceedings while they are engaging in their elected official duties.
