Sidney Powell, who is a former lawyer for former President Donald Trump, filed a lawsuit on Tuesday against Verizon, in an attempt to block the company from providing her phone records to the House committee investigating the January 6th, 2021, Capitol attack.
Powell’s attorney, Bob Holmes, argued that information requested by the subpoena is protected by attorney-client privilege. Holmes added that Powell shouldn’t have to produce phone records for the committee because she was not part of the rioters who stormed the Capitol last year.
“Ms. Powell had no involvement in the events of January 6, yet the DOJ is seeking records that contain attorney client privileges held by numerous clients,” the lawsuit said.
Holmes argued that the Committee lacks “any valid legislative purpose” to seek Powell’s phone information. Holmes wrote that the Committee’s subpoena violates the Telecommunications Act of 1996 by seeking “contents of a communication while in electronic storage” because neither the plaintiff nor the law authorized the disclosure of Powell’s phone records.
Additionally, Holmes argued that the enforcement of the subpoena would deprive Powell of the opportunity to “review the proposed disclosure and assert applicable privileges,” and would cause Powell to suffer irreparable harm.
Powell also claims subpoena for phone records violates her First Amendment rights to freedom of association, and does not “advance a sufficiently important governmental interest to permit its enforcement” and violates her Fourth Amendment rights against unreasonable searches and seizures and right to privacy.