T-Mobile Wants Ward Subpoena Remanded for ‘Clarification’

If Supreme Court Justice Elena Kagan or the full SCOTUS lifts the stay on the 9th Circuit U.S. Court of Appeals Oct. 22 order denying Arizona GOP Chair Kelli Ward’s request for an injunction against T-Mobile’s release of Ward’s phone records under subpoena from the House Jan. 6 Select Committee (see 2210270057), T-Mobile will ask the 9th Circuit to remand the subpoena to the district court for “clarification” of its scope, said the carrier Monday in a notice of indicative ruling (docket 22-16473). At issue is whether the committee had agreed to narrow the subpoena to exclude call detail records involving Ward’s medical patients, said T-Mobile. The U.S. District Court for Arizona seems to think the committee agreed to narrow the subpoena’s scope, but committee lawyers told T-Mobile counsel they had made no such agreement, the notice said. The “potential misunderstanding” between the committee and the district court puts T-Mobile “in an impossible position,” it said. T-Mobile repeated its description of the quandary in a letter Tuesday to the SCOTUS clerk.