New details in the federal seizure of Congressman Scott Perry’s cell phone. The Central Pennsylvania representative said FBI agents served the search warrant while he was on vacation with his family.

In a statement, Perry writes:

““While traveling with my family, 3 FBI agents came and seized my personal cell phone. They made no prior attempt to contact me or my lawyer - who would have made arrangements for them to have my phone if that was their wish. I'm disgusted and outraged - though not surprised - that the FBI under the direction of Merrick Garland's Department of Justice, would seize the personal phone of a sitting Member of Congress. My phone contains information about my legislative and political activities, and personal/private discussions with my wife, family, constituents, and friends. None of this is the government's business. As with President Trump, DOJ chose this unnecessary and aggressive action instead of simply contacting me or my attorney. These kinds of banana republic tactics should concern every Citizen - especially considering the decision before Congress this week to hire 87,000 new IRS agents to further persecute law-abiding Citizens."

For months, the five-term Republican has been under heavy scrutiny by the January Sixth Committee for his involvement with former Justice Department official Jeffrey Clark and a possible plot to block the certification of the 2020 election results.

“It's not a legitimate investigation. It's not a legitimate Congressional organization. It's a partisan witch hunt using the instrument of federal power to prevail against their political enemies,” said Congressman Perry on May 13, 2022 after he was served a subpoena from the select committee.

“The decision on when to seek a search warrant is driven by the collection of evidence,” said James Clancy, a 30-year federal prosecutor who now works in the White Collar Defense Group at McNees Wallace & Nurick in Harrisburg.

As a former U.S. Assistant Attorney and DOJ employee for 30 years, Clancy has filed scores of federal search warrants. In these cases, four determining factors drive the decision.

“Probable cause that a crime has been committed and there is evidence of the crime that exists at the place to be searched now,” Clancy said.

A U.S. Magistrate Judge hears the application and signs off to give the FBI the go ahead to track the evidence down.

“It is not the kind of thing where evidence is developed and everybody sits around and waits for a certain point of time to apply for a search warrant and then sits around and waits to execute it,” Clancy said.

“In your experience, in the DOJ, does politics play a role in these decision-making?” asked Gorsegner.

“Absolutely not,” answered Clancy.

In cases like this, Clancy says the search warrant is almost always sealed, preventing the public and even the Congressman from knowing what authorities are searching for on the phone.