Former Trump Lawyer Sidney Powell Files Suit Against Verizon In Dallas To Block Congressional Subpoena
DALLAS (CBSDFW.COM) - A Dallas-based lawyer associated with former President Trump is suing Verizon to stop what she says is the unlawful release of protected data to the Select Committee investigating the Jan. 6 attack on the Capitol.
Bob Holmes, the lawyer representing Sidney Powell - who herself is a licensed member of the Texas Bar - argues that Verizon should be barred from providing customer records to the Select Committee to Investigate the January 6th Attack on the United States Capitol for several reasons.
Powell's suit first argues that the information requested by subpoena is protected by attorney-client privilege and the work product doctrine, which protects materials prepared ahead of a lawsuit from the opposing counsel.
Next, the suit alleges that the Committee lacks "any 'valid legislative purpose'" to seek information including subscriber information, connection records, or details about phone calls. Furthermore, the suit argues, the subpoena violates the Telecommunications Act of 1996 by seeking "contents of a communication while in electronic storage" without the authorization of either the subject or the law.
The suit then argues that the enforcement of the subpoena would deprive her of the opportunity to "review the proposed disclosure and assert applicable privileges," which allegedly violates both federal and state rules concerning evidence.
The subpoena is also alleged to violate Powell's First Amendment rights to freedom of association by being too broad in scope and because it does not "advance a sufficiently important governmental interest to permit its enforcement."
The lack of a valid legislative purpose, Powell's suit claims, also means that the subpoena violates her Fourth Amendment rights against unreasonable searches and seizures and her right to privacy.
Therefore, the suit claims, because the enforcement of the subpoena would cause "irreparable harm" to Powell, the court should issue a judgment holding that the subpoena is unlawful and unenforceable as well as an injunction preventing Verizon from providing Powell's records to the Select Committee.
