The Arizona Republic asked the state House of Representatives to provide any such messages from Rep. Mark Finchem, R-Oro Valley, and then-Rep. Anthony Kern, R-Glendale, under public records laws.

But responding through a private attorney, and not the House, the duo said they would not turn over any records that are on their “personal devices,” arguing that these are not public records.

The letter also noted the ongoing FBI investigation into the storming of the U.S. Capitol and added that even if the lawmakers agreed the records were public, “the threat of criminal prosecution gives rise to certain Constitutional rights that may overcome the duty to disclose otherwise public documents under Arizona’s public records law.”