In Re Search of Electronic Communications

I agree with my colleagues that the Speech or Debate Clause does not confer a privilege of confidentiality. Thus, the motion to quash the search warrant on that basis must be denied. Any other conclusion is foreclosed by a long line of precedent.1 However, that Fattah’s argument lacks merit does not, in my view, deprive us of jurisdiction to review his claim under the Perlman doctrine. “Rather, the lack of merit means that the claim of [privilege] should be denied for just that reason — it lacks merit.” Powell v. Ridge, 247 F.3d 520, 527 (3d Cir.2001) (Roth, J., dissenting). I thus…