
Congress Grills Jack Smith Over Subpoenas, Power, and the Legal Process
1. Context of the Hearing
- Jack Smith, Special Counsel, testifies publicly before the House Judiciary Committee.
- Republican members accuse him of political motivation in prosecutions involving Donald Trump.
2. GOP Allegations of Political Bias
- Republicans argue Smith targeted Trump to keep him from returning to the White House.
- They also assert that Smith’s investigations involved improper or excessive subpoenas.
3. Dispute Over Cassidy Hutchinson’s Testimony
- Jim Jordan challenges Smith about whether Hutchinson’s January 6th testimony was reliable.
- Jordan points out that Secret Service agents allegedly contradicted Hutchinson’s account.
- Smith notes her testimony was secondhand and says his team interviewed witnesses.
- Republicans claim Smith still considered using her as a witness despite credibility questions.
4. Subpoenas of Lawmakers’ Phone Records
- Representative Chip Roy and others criticize Smith for subpoenaing:
- Phone records of GOP lawmakers
- Phone/log data of private conservative organizations
- GOP members argue it was an abuse of power, unconstitutional, and overly broad.
5. Subpoena of Speaker Kevin McCarthy
- Smith confirms his office subpoenaed the toll records of Speaker McCarthy.
- Republicans say the secrecy order falsely identified McCarthy as a “flight risk.”
- Smith says the risk language relates to investigative concerns, not the individual.
6. Subpoenas for U.S. Senators
- Smith confirms his team also subpoenaed phone records for nine U.S. senators.
- Non-disclosure (gag) orders accompanied the subpoenas.
- Internal DOJ emails cited by GOP members acknowledge potential constitutional risk.
7. Concerns About Violating the Speech or Debate Clause
- GOP members argue that obtaining lawmakers’ call records infringes on the constitutional protection for legislative activities.
- They highlight DOJ memos suggesting possible litigation risk.
8. Involvement of Telecom Companies
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- Verizon complied with subpoenas for congressional phone records.
- AT&T initially denied turning over McCarthy’s records but later was described as having complied.
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