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Donald J. Trump @realDonaldTrump - Video: Brandon Gill:
How many days after Kevin McCarthy was sworn in as Speaker did you subpoena his records?
Jack Smith: I don't recall, but those two things had nothing to do with one another.
Brandon Gill: It was 16 days after becoming the highest ranking Republican in the House of Representatives, you subpoenaed his toll records.
Do you agree that that might reasonably be considered a violation of the speech or debate clause?
Jack Smith: I do not, and I want to be clear that the total record...
Brandon Gill: You were collecting months' worth of phone data on the Republican Speaker of the House, the leader of the opposition, right after he got sworn in as Speaker, all around the time of a major vote.
That sounds like a flagrant violation of the speech or debate clause to me, and I think most people agree with me. And Speaker McCarthy had no recourse, did he?
Because you issued a nondisclosure order ensuring that neither he nor any of the American people knew about these subpoenas. Is that right?
Jack Smith: The toll record, the non-content toll record subpoenas, we did secure nondisclosure orders for those subpoenas.
Brandon Gill: You did, and let me ask you, Mr. Smith, at the time you secured those nondisclosure orders, was Speaker McCarthy a flight risk?
Jack Smith: The nondisclosure order was based on concerns about...
Brandon Gill: Was Speaker McCarthy a flight risk?
Jack Smith: He was not.
Brandon Gill: He was not. Then why did your nondisclosure order refer to him as a flight risk?
It says right here, the court finds reasonable grounds to believe that such disclosure will result in flight from prosecution.
Jack Smith: Sir, when securing a nondisclosure order, the risks don't have to be associated....
Brandon Gill: You think that the Speaker of the House is a flight risk?
Raskin: Are you finished answering the question?
Brandon Gill: No, this is not your time. This is my time. You think the Speaker of the House is a flight risk? You think he's going to hop on a plane and leave the country?
Jack Smith:
No, what I was trying to explain is with respect to a nondisclosure order, the risks aren't necessarily associated with the subscriber to the phone. The risks to the investigation.
Brandon Gill: I think that you were using... this was clearly in reference to Speaker McCarthy, and you were using clearly false information to secure a nondisclosure order.
To hide from Speaker McCarthy and from the American people the fact that you were spying on his toll records.
But I've got more, so let's move on.
In May of 2023, you also issued subpoenas for toll records of nine U.S. senators and an additional representative. Is that right?
Jack Smith: In May of 23, we did issue subpoenas.
Brandon Gill: You did, and there were nondisclosure orders in conjunction with those subpoenas as well, right?
Jack Smith: Yes.That's correct. Consistent with department policy and the law.
Brandon Gill: So again, nobody would know what you were doing. The Senators would, and the Representatives would, and the American people wouldn't know what you were doing. Is that right?
Jack Smith: The toll records that we secured and the nondisclosure orders were consistent with policy.
Brandon Gill:And you knew whenever you were doing that that there was a risk you were violating the speech or debate clause. Is that right?
Jack Smith: The toll record subpoenas that we secured were with the concurrence of the public integrity....
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