Rep. Perry ordered to give federal prosecutors over 1,600 messages in Trump 2020 election case

A D.C. federal judge ordered Rep. Scott Perry, R-Pa., to give federal prosecutors more than 1,600 text messages, emails and other communications connected to the investigation of former President Donald Trump and his allies' alleged attempt to alter the 2020 election results. 

Chief U.S. District Judge James Boasberg on Tuesday ruled that most of Perry's messages, including some with other members of Congress, the Trump administration and extra-governmental allies, could not be withheld from prosecutors because of the protections afforded to members of Congress, Politico reported. 

Boasberg concluded that the 1,659 communications were not subject to the Constitution's "speech or debate" clause – which prohibits prosecutors and courts from looking into official congressional business – because the messages had little to do with Perry's job as a lawmaker.

Court documents indicate that the messages show Perry acted as an intermediary for Trump and his allies in the final weeks of his presidency. The exchanges may fill in gaps in special counsel Jack Smith's probe of the 2020 election and the Jan. 6, 2021, Capitol riot.

Perry's attorney said the congressman has not decided whether he will appeal the decision. 

The battle over the messages began in August 2022 when the FBI seized Perry's phone as part of its probe of former Justice Department official Jeffery Clark.

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