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We've got memos, that we've already been talking about in this hearing, from April 2022 that preceded you that established and opened the investigations, one of which has Attorney General Merrick Garland's signature on it.
And the focus was the electors. Now, that was six months before you were appointed. You testified earlier. You met and interviewed Merrick Garland and Deputy AG Lisa Monaco. And you briefed the AG and Deputy multiple times.
Did you brief them on the electors and the prosecution of their supposed crimes?
Jack Smith: Did I- I'm sorry...
Chip Roy: Did you brief them on the electors and their supposed crimes?
Jack Smith: I don't recall specific conversations, but I'm sure that in the course of briefing them, I discussed it.
Chip Roy: Wasn't that the purpose of the entire investigation as it was set out? Because putting aside that in 1960, we've already talked about my friend, Mr. Tiffany, that Hawaii put forward an alternate slate of electors, the investigation pivoted to President Trump and frankly, anybody who knew him.
Do you know who Cleta Mitchell is?
Jack Smith:
Yes, I do.
Chip Roy: She's an election lawyer that was involved in filing an election contest on behalf of President Trump in Georgia in December of 2020.
A 64-page complaint with over 1,100 pages of exhibits, witness affidavits, and expert witness reports documenting thousands of votes cast in violation of Georgia law, but which were nevertheless included in the vote totals.
Now, notwithstanding the disposition of the cases that was filed, is that a criminal act? Filing an election contest on behalf of a candidate for office - a client.
Is that a criminal act, yes or no?
Jack Smith: No, in fact, we stated-
Chip Roy: So why did you deem it appropriate to monitor Cleta Mitchell's long distance phone records in 2023, two and a half years after the election contest was filed and after the Presidential Electors were certified?
What about Jenna Ellis? What about Sidney Powell? What about Bill Stepien? What crime did you suspect had been committed by them that would warrant monitoring their phone records two and a half years after the 2020 election was certified?
Jack Smith: With respect to Sidney Powell, she is one of the co-conspirators alleged in the indictment.
I don't know what you mean by monitoring, sir, if you're talking about...
Chip Roy: Well, there were some 400-plus Republican conservative groups and leaders who were targeted by your investigation.
Their financial records were obtained, records of the RNC, the Trump campaign, Cleta Mitchell, the Conservative Partnership Institute, the America First Policy Institute, NRCC, NRSC, PACs, conservative groups, people all across the country, citizens.
Because we hear a lot... about members of Congress.
And we should because of separation of powers and the egregious abuse of power.
But what we're not talking about enough, in my opinion, are the American citizens that have been targeted.
Because frankly, are there any limits to the power of a Special Prosecutor or Special Counsel?
So much so in your abuse of power that in the summer of 2024, the indictment involving classified documents was dismissed after determining your appointment violated the Appointments Clause of the Constitution, but you continue to sign your name on court filings until the time you resign from office in January of 2025.
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