Legal filings obtained by The Tennessee Star on Wednesday confirm Representative Andy Ogles (R-TN-05) is not a “target” of the Biden-Harris Department of Justice (DOJ) investigation, which prompted the FBI to seize his cell phone after serving a search warrant at his home just one day after he won the Republican Party’s nomination for reelection.
In an emergency motion seeking the return of his phone, attorneys representing Ogles revealed that federal prosecutors previously acknowledged Ogles is a “subject” of the investigation but not a “target” and said the DOJ’s receipt of his property violates the Speech and Debate Clause of the U.S. Constitution.
Ogles’ attorneys revealed in his emergency motion that prosecutors last week “described Congressman Ogles as a ‘subject,’ rather than a ‘target’ of their investigation.”
The filing further elaborated that “longstanding” DOJ policy defines investigative targets as “a person as to whom the prosecutor… has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.”
A “subject,” by contrast, according to Ogles’ filing, “is merely ‘a person whose conduct is within the scope of the grand jury’s investigation.’”
Ogles previously stated his cell phone was seized in connection to his amended campaign finance reports but told The Tennessee Star on Wednesday that the FBI is now in possession of legislative materials in violation of the Speech and Debate Clause of the U.S. Constitution.
“Last month, the Biden/Harris FBI took possession of my cell phone and email account. As I said back then, I will fully cooperate with investigators as I am confident that any reporting problem was at worst an honest mistake,” said Ogles.
“But the FBI took Congressional materials they have no right to see,” said Ogles. “To get those back, I’ve filed an emergency motion with the court raising constitutional claims.”
The Republican stated, “I have nothing to hide, and I did nothing wrong. I’ll always comply with lawful requests from law enforcement. But I will never stop fighting against the unconstitutional abuses of the current administration.”
The Free Speech Center at Middle Tennessee State University explains that the Speech and Debate Clause predates the First Amendment and specifically exists to prevent actions against Members of Congress that would prevent them from attending congressional sessions.
According to a web page created by the U.S. Congress, the Supreme Court has previously determined the Speech or Debate Clause “cannot be interpreted literally, but instead must be construed ‘broadly’ in order to effectuate” its goal of separating powers between the branches of government.
If it is determined an action taken by a representative or senator falls under the clause, “the resulting protections from liability are ‘absolute,’ and the action ‘may not be made the basis for a civil or criminal judgment against a Member,” it explained.
The FBI served a search warrant at Ogles’ home on August 2, the day after he secured a commanding victory in the Tennessee Republican Primary.
The Star previously reported that U.S. Attorney Henry Leventis, who oversaw the search warrant for Ogles’ cell phone, had previously served as an assistant U.S. Attorney in the Middle District of Tennessee under special prosecutor Jack Smith.
Leventis was also once a partner at a law firm that is “100 [percent] committed” to Diversity, Equity and Inclusion (DEI) employment practices.
The chief judge overseeing Middle Tennessee did not respond to The Star’s previous inquiries about how a Nashville media outlet obtained information about the search warrant.
Weeks before the search warrant was served on his home, the Trump-endorsed Republican submitted new articles of impeachment against Vice President Kamala Harris, which accuse her of committing high crimes and misdemeanors through her failure to invoke the 25th Amendment to oust President Joe Biden despite his deteriorating mental condition.
Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to pappert.tom@proton.me.
Photo “Andy Ogles” by Andy Ogles.
