Court clears way for Jan. 6 probe to get Ward's phone records - POLITICO

“The investigation, aft all, is not astir Ward’s politics; it is astir her engagement successful the events starring up to the January 6 attack, and it seeks to uncover those with whom she communicated successful transportation with those events. That immoderate of the radical with whom Ward communicated whitethorn beryllium members of a governmental enactment does not found that the subpoena is apt to uncover ‘sensitive accusation astir [the party’s] members and supporters,’” wrote Judges Barry Silverman, appointed by President Bill Clinton, and Eric Miller, appointed by President Donald Trump.

The 3rd subordinate of the panel, Judge Sandra Ikuta, dissented and said she would person granted Ward’s petition to artifact the subpoena.

“The communications astatine contented present betwixt members of a governmental enactment astir an predetermination implicate a halfway associational close protected by the First Amendment,” wrote Ikuta, an appointee of President George W. Bush.

“Even assuming that the government’s involvement successful investigating the events of January 6, 2021, is sufficiently important, the Committee has not provided immoderate grounds oregon plausible crushed to judge that Ward’s contacts (whether governmental associates, family, oregon friends) were progressive successful the events of January 6 oregon explicate wherefore accusation astir her communications has immoderate bearing connected the Committee’s investigation,” Ikuta added successful her dissent, which ran to 10 pages — 2 much than the majority’s order.

Ward’s lawyer, Alexander Kolodin, expressed disappointment successful the court’s ruling.

“I americium skeptical of the majority’s reasoning that ‘The investigation, aft all, is not astir Ward’s politics,’” Kolodin told POLITICO via email. “But Judge Ikuta’s dissent is simply a fiery defence of the archetypal amendment successful an property that seems to person forgotten it. As agelong arsenic judges similar her exist, determination is inactive anticipation for America.”

Last month, Arizona-based U.S. District Court Judge Diane Humetewa, an appointee of President Barack Obama, tossed retired Ward’s archetypal petition for an injunction to artifact the subpoena.

However, connected Tuesday, the 9th Circuit sheet temporarily halted the subpoena. The court’s bid Saturday lifted that impermanent stay.

Ward could question alleviation from a larger 9th Circuit sheet oregon from the Supreme Court. Kolodin did not instantly respond to questions astir whether she plans to instrumentality specified steps.