Representative Chris Collins is addressing the insider trading case against him, and the Congressional privilege that could help his defense.
He is facing 11 federal charges for allegedly giving his family confidential stock market information.
On Thursday, Collins' attorneys submitted a letter to federal court citing the 'Speech or Debate Clause.' That clause protects members of Congress from being prosecuted for anything they say in debate or preparing for a debate.
If the judge approves, experts say it would give Collins' team an early look at secret grand jury testimony — something the defense would not normally be allowed to see before trial.
Critics worry the clause would also make some government emails sent from private accounts inadmissible in court.
"Probably 95 percent of members and their staff use personal email accounts and those accounts are protected. Southern District of New York, in accessing personal email accounts, may have violated my constitutional rights," said Rep. Chris Collins, (R) 27th Congressional District.
"So, anything in those emails is probably going to be admissible in court. But the key is what is going to be consistent with his defense, and that's the speech and debate privilege," said attorney John Elmore.
Collins says he's expecting an answer from the judge within the next two months.
That case is set to go to trial next February.