An Indiana freelance photojournalist who documented the attack on the U.S. Capitol has filed a lawsuit seeking to block House investigators from confiscating her cellphone records.
Amy Harris had been documenting the far-right extremist group the Proud Boys and its leader for weeks leading up to, and on, the Jan. 6 attack. Members of the group attended then-President Donald Trump’s rally that day, which preceded the Capitol breach.
Her photos from that day appeared in The Washington Post, Cincinnati Enquirer and The Guardian.
Harris, of Lawrenceburg, in the suit says the subpoena issued by the Jan. 6 select committee to her carrier, Verizon, requesting her cellphone records is “invasive and sweeping,” and violates her right as a journalist to keep sources confidential.
More from Jan. 6:Prosecutors seek incarceration for Greenfield, Indiana, man charged in riot
It’s unclear why the select committee is interested in Harris’ phone records from Nov. 1, 2020, to Jan. 31. Harris’ attorney, John Seiver, said he couldn’t speculate on what committee members are after.
He noted that the subpoena was sent to Verizon, not directly to Harris. The suit argues that by demanding the records from Verizon, not Harris directly, the select committee “circumvented this Nation’s longstanding commitment to protecting the independence and vitality of the press.”
The subpoena asks Verizon to share every call, text and piece of Internet data sent to Harris’ phone during that time frame.
The committee has issued several subpoenas for testimony and records tied to the attack.
The lawsuit contends that turning in Harris’ cellphone records could reveal confidential sources she spoke to during her reporting, which is a violation of her First Amendment rights as a journalist.
“A journalist’s promise to maintain confidentiality would be meaningless if a source’s identity could be discovered without any legal challenge,” the suit said. “The potential exposure of confidential sources will prevent Ms. Harris from credibly promising confidentiality to future sources.”
The exposure, the suit added, could also lead to threats or attacks on her safety.
The select committee has not responded to the complaint against itself and its chairman, U.S. Rep. Bennie Thompson, according to federal court records.
Contact Sarah Nelson at sarah.nelson@indystar.com or 317-503-7514.
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