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IN RE SEALED CASE

No. 23-3001.

80 F.4th 355 (2023)

IN RE: SEALED CASE.

United States Court of Appeals, District of Columbia Circuit.

Decided September 5, 2023.

Reissued September 13, 2023.

Attorney(s) appearing for the Case

John P. Rowley, III , argued the cause for appellant. With him on the briefs were John S. Irving , Stan M. Brand , and Stanley E. Woodward, Jr.

John M. Pellettieri , Assistant Special Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were J.P. Cooney , Deputy Special Counsel, and Raymond N. Hulser , Counselor to the Special Counsel.

Concurring opinion filed by Circuit Judge Katsas.

This case concerns the application of the Speech or Debate Clause privilege to the contents of Representative Scott Perry's cell phone, which was seized by the Federal Bureau of Investigation pursuant to a warrant. In a district court motion, Representative Perry argued the Clause bars the government from reviewing many of the...

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