A federal appeals court in Washington, DC, last week denied special counsel Jack Smith access to messages that Rep. Scott Perry (R-Pa.) sent to members of Congress and the Trump White House about t…
to members of Congress and the Trump White House about the 2020 election.
The panel’s decision was the first major blow to Smith’s office as it seeks evidence to prosecute former President Donald Trump for his efforts to remain in power following his loss to Joe Biden, which ended in a mob storming the US Capitol on Jan. 6, 2021. “This decision firmly establishes that the Executive Branch can’t prevent Congressman Perry, or any Member of Congress, from doing their job by having internal communications with other Members, or with their own staff — in this case, looking into certification of the presidential election.
“Representative Perry’s conversations with other Members concerned the passage of proposed legislation as well as the exercise of the constitutional duty to certify the electoral votes from the 2020 election,” Rao said.Howell must now reconsider her initial decision and “apply the correct standard” to individual communications, according to the judicial panel. That includes material not “integral” or “essential” to the work of Congress.
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