The Department of Justice seized his cell phone as part of its investigation into the January 6 attack on the Capitol building and the aftermath of the 2020 election.
The House of Representatives held a hearing on Capitol Hill on April 28.
After the DOJ seized the congressman's phone and took a forensic image of its data, he filed a motion in federal court in Washington, D.C., asking for it to return everything.
The FBI searched Trump's Mar-A-Lago estate, but it was not related to the seizure of his home.
The Speech and Debate clause of the Constitution states that members of Congress are not allowed to be questioned in any other place other than the chamber in which they serve.
The DOJ obtained a warrant to seize his phone, but they don't yet have a second search warrant to actually look at its contents.
On Tuesday night, the court docketed the court motion but did not respond to it.
A request for comment from the DOJ has not been replied to.
John Eastman, a Trump attorney, is challenging the agency's seizure of his cell phone records as part of its investigation. There will be a hearing on September 6 in the case after the judge denied the emergency request to block investigators from using his phone data. Several of Trump's allies have been indicted for contempt of Congress as a result of their refusal to comply with congressional subpoenas and evidence blocks.
The DOJ's probe into January 6 has been heating up in recent months and has been increasingly moving towards Trump and his top aides. In addition to its cell phone seizures, the agency has taken steps like issuing subpoenas to multiple former Trump attorneys, including ex-White House Counsel Pat Cipollone. The investigation is looking into the Trump campaign's scheme that assembled "fake electors" in battleground states who submitted false election results to Congress claiming Trump had won, as well as the Justice Department official's attempt to stop Georgia from certifying Biden's win. Clark's home has been searched by the DOJ. According to multiple reports, investigators are looking into Trump himself and whether he could have violated any laws, with witnesses being asked about their conversations with the ex-president.
The chairman of the House Freedom Caucus has become a target of investigators looking into the post- election period. The lawmaker introduced Trump to Clark and was part of the effort to install Clark as the acting attorney general as part of the ex-president's post- election efforts. According to testimony given to the House January 6 Committee, Perry was one of at least six GOP lawmakers who asked Trump for a pardon after the January 6 attack on the Capitol building. The lawmaker has refused to testify, despite being subpoenaed to do so.
The congressman says the FBI took his cell phone.
Here are who else has been asked to testify in the DOJ probe.
Six Republicans are said to have asked Trump for pardons.
The Senate report shows that Trump tried to get the Justice Department to overturn the election.
The congressman denied that he sought a pardon from the president.
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