It appears I was correct that “John Smith” is Congressman Chaka Fattah.

The Third Circuit heard argument today In the Matter of Search of Electronic Communications (Both Sent and Received) In the Account of John Smith @Gmail.com At Internet Service Provider Google Inc., and Mark Fazlollah and Jonathan Tamari of the Philadelphia Inquirer report here that it was clear from the argument that the email at issue was Congressman Fattah’s.

The court has not yet posted audio of the argument.

Update: audio of the argument is here.