Ruling: Arizona GOP leader must surrender phone records

Howard Fischer PHOENIX — The phone records of Kelli Ward, the chair of the Arizona Republican Party, could be in the hands of the Jan. 6 committee within days unless she can convince a higher court to intercede.In an unusual weekend order, a majority of a three-judge panel of the 9th Circuit Court of Appeals said that Ward is not entitled to keep the information from the congressional panel while she appeals a lower court ruling ordering disclosure.

What also makes the weekend order so unusual is it comes just four days after the same three-judge panel agreed to enjoin disclosure until they had a better chance to review the legal issues. "The only plausible explanation for the committee's interest in Ward's phone records is that they reveal information about other Party members," she wrote."Such identifying information may expose these members to congressional investigation, perhaps federal criminal investigation, and related public criticism."

"Those vague statements do not show that disclosing the phone numbers involved would reveal anyone's private organizational membership, much less that the people involved in the calls would be reluctant to associate with any organization or political parties if their identities were revealed," the court wrote.

Attorney Alexander Kolodin who represents Ward, said he is"skeptical" of the conclusion of Miller and Silverman that the congressional investigation is not about his client's politics."I am deeply grateful to Judge Ikuta understanding the serious First Amendment issues caused by this political prosecution of opponents," he said.

Going to the Supreme Court in order to avoid a subpoena says consciousness of guilt to me.

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