Judge Denies Temporary Block to Jan. 6 Subpoena During Appeal

A Phoenix federal judge on Friday refused Arizona GOP Chair Kelli Ward’s request to put on hold her own previously issued court order that allowed the Jan. 6 Committee to access the Republican leader’s phone records.

Last month, U.S. District Court Judge Diane J. Humetewa, an Obama appointee, dismissed Ward’s lawsuit which argued that handing over her phone records to the House Jan. 6 Committee would violate medical privacy laws and infringe on her constitutional rights.

In her ruling, Humetewa concluded that the phone records “may aid” the committee’s investigation. Ward decided to appeal the decision and her attorney requested the court to temporarily block the subpoena issued by the Jan. 6 Committee while the appeal is pending.

On Oct. 7, Humetewa refused the request, noting that the appeals court will only get to the case after the Jan. 6 committee is scheduled to dissolve on Jan. 3, 2023. Humetewa said that she found Ward’s alleged concerns “speculative” and “dubious,” according to the Associated Press.

During a hearing, Ward’s lawyers stated that their client had written a book about sending an alternate slate of presidential electors to Congress and also filmed several videos of her actions, uploading them on YouTube.

“These actions belie Ms. Ward’s concern that her communications with her constituents or colleagues will be chilled by [the phone company’s] possible disclosure of who she spoke with during that time,” the Judge wrote.

The Jan. 6 committee is seeking phone records of Ward and her husband for the three months leading up to January 2021. On Jan. 25, 2022, T-Mobile informed Ward’s medical practice that the committee had sent a subpoena for the phone records.

The committee is seeking details including all calls, IP, messages, and data-related records of Ward’s phone number as well as numbers that communicated with her phone.

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