House Report Claims Jack Smith's Team Ignored Constitutional Protections
A recent House report has raised serious allegations against former special counsel Jack Smith and the Biden administration's Department of Justice, claiming they violated the DOJ's policies regarding the separation of powers. The report, released on Wednesday, details how Smith, appointed by Attorney General Merrick Garland in 2022 to investigate Donald Trump, expanded his inquiry to include members of Congress who had communicated with Trump during the disputes over the 2020 election results.
Investigators reportedly accessed the phone records of over a dozen Republican lawmakers. The report states that during the Biden-Harris DOJ's investigation, codenamed Arctic Frost, Smith's team unconstitutionally subpoenaed these records and obtained gag orders to prevent the lawmakers from knowing about the surveillance.
The report emphasizes that Smith was aware of the constitutional protections afforded to members of Congress under the Speech or Debate Clause. It notes that Smith's team concluded that the subpoenas might be unconstitutional, yet they proceeded with the investigation. The Biden DOJ is accused of violating the Constitution's Speech or Debate Clause, which federal courts interpret as placing an absolute bar on the compelled disclosure of legislative materials.
Smith allegedly informed Garland that members of Congress likely had a valid Speech or Debate privilege that would protect them from compelled testimony. Despite this, Garland reportedly approved Smith's pursuit of the phone records, raising concerns about the potential weaponization of law enforcement authority against political adversaries.
Allegations of Constitutional Disregard
The report asserts that the actions taken by Smith's team reflect a disregard for the constitutional protections that ensure members of Congress can deliberate freely on public policy matters. It suggests that the prosecutors may have ignored these protections or, worse, intentionally violated them to gather information on political opponents.
Case Closed
In response to these findings, the House Judiciary Committee passed the Congressional Records Protection Act, introduced by Rep. Mike Kelly, R-Pa., aimed at safeguarding the separation of powers and preventing the surveillance of congressional members. The report calls into question the integrity of the investigation and the ethical implications of the actions taken by Smith and his team.
The Daily Signal reached out to the law firm of Heaphy, Smith, Harbach & Windom, where Smith is a partner, for comment but did not receive a response by publication time. The implications of this report could have significant ramifications for the ongoing discourse surrounding governmental oversight and the protection of legislative privileges.
