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Katsas pressed Pellettieri about whether his version of the privilege would extend to notes written by a member of Congress while speaking with key stakeholders to obtain their advice about how to vote on an upcoming bill.
Source: https://www.lawfareblog.com/summary-oral-arguments-rep-scott-perry-phone-seizure-case
The “unlawful benefit” requirement is necessary, according to Walker, to avoid vagueness, overbreadth, and the surplusage issue that Katsas highlights in his dissent.