US court skeptical of bid to access congressman’s phone in January 6 inquiry

The justice department wants to access the contents Scott Perry’s phone for its investigation into the January 6 US Capitol attack. Photograph: Erin Scott/Reuters

A federal appeals court appeared skeptical on Thursday of the justice department’s interpretation of US Congress members’ immunity from criminal investigations and whether it allowed federal prosecutors to access House Republican Scott Perry’s phone contents in the January 6 investigation.

The department seized Perry’s phone in the criminal investigation last year and was granted access to its contents by a lower court, until Perry appealed the decision on the grounds that the speech or debate clause protections barred prosecutors from seeing his messages.