Eastman argued that the commission’s subpoena was “invalid” for a number of reasons, and notably that he tries to distinguish between the protests held on January 6 and the riots. at the Capitol that day.
“Without prior notice to Dr. Eastman, the J6 Commission issued a subpoena to Verizon requesting the recording of Dr. Eastman’s personal cell phone. The subpoena seeks nine categories of information about usage. Dr. Eastman’s personal cell phone for a period of three months.The subpoena did not contain any provision to protect the client’s privileges as attorney,” court documents said.
“The J6 Commission subpoena against Verizon is invalid for a number of reasons. First, the public statement by the J6 Commission members makes it clear that the Commission is attempting to exercise a law enforcement function, rather than actual legislative activity. The United States Congress has no authority to issue subpoenas for law enforcement purposes,” the document added.
Eastman went on to argue that the subpoena was invalid because it was “issued in violation of House Rules and Commission authorization resolution J6” and violated his Fourth Amendment right of Confidentiality.
CNN has reached out to Verizon for comment.
