The scene that unfolded today at a hearing before the Senate Judiciary Committee was a snapshot of politics in the U.S. today.
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that → unfold → U.S.
Testifying under oath was Jack Smith, who as special counsel for the U.S. Department of Justice investigated Trump’s attempt to overturn the results of the 2020 presidential election and his retention of classified documents after he left office in 2021.
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he → testify → 2021
Questioning Smith were the senators, whose speech in Congress is protected.
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speech → question → Congress
states: “The Senators and Representatives…shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”
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they → state → Place
The courts have interpreted this clause to give lawmakers broad protection for what they say in Congress.
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they → interpret → Congress
Republicans have used this protection to make outrageous accusations and to spread disinformation.
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Republicans → use → disinformation
Former attorney general Merrick Garland appointed Smith special counsel on November 18, 2022, three days after Trump announced he was running for the 2024 Republican presidential nomination.
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he → appoint → nomination
Garland said that since both Trump and Biden were likely to be presidential candidates, his appointment of Smith was meant to underscore “the Department’s commitment to both independence and accountability in particularly sensitive matters.
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appointment → say → matters
It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law.”
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prosecutors → allow → facts
Trump was not happy about the appointment, calling Smith “a hit man for Obama.”
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Trump → call → Obama
In June 2023 a grand jury indicted Trump on 37 “felony violations of our national security laws” and “participating in a conspiracy to obstruct justice,” in his retention of classified documents.
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jury → indict → documents
Charged alongside Trump was his aide Walt Nauta, who is now the director of Oval Office operations.
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who → charge → operations
In December, after Trump was reelected, Smith dropped Trump from the case because of the long-standing position of the Department of Justice that a sitting president cannot be prosecuted.
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president → reelect → Justice
Judge Aileen Cannon, the Trump appointee overseeing the case, has blocked the release of Smith’s report, although it is standard for a special counsel to release a final report.
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counsel → oversee → report
On August 1, 2023, a federal grand jury in Washington, D.C., charged Trump with four felony offenses “arising from his efforts to unlawfully retain power by using fraud and deceit to overturn the 2020 election results,” as Smith’s final report put it.
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report → charge → it
Trump challenged the indictment on the grounds that a president has absolute immunity from criminal prosecution for actions performed as part of his official duties and that his actions trying to overturn the election were part of his official duties.
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actions → challenge → duties
On July 1, 2024, the Supreme Court largely agreed with Trump, upending the principle that the United States was a nation of laws, not of men.
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States → agree → men
The Trump v. United States decision sent Smith back to the drawing board to take the case, now stripped of anything that could fall under “official duties,” before another grand jury, and that grand jury returned an indictment for the same offenses.
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jury → send → offenses
But after Trump was reelected, Smith moved on November 25 to dismiss the case because of the long-standing position of the Department of Justice that a sitting president cannot be prosecuted.
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president → reelect → Justice
The case can be resumed once Trump is no longer president.
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Trump → resume → ?
It’s unclear why Senate Republicans thought it was a good idea to remind people of Trump’s attempt to overthrow an election when the midterms are less than forty days away.
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midterms → ’ → election
Some of them, though, clearly intended to appeal either to Trump or to the MAGA base by using their protected speech to insult and abuse Smith.
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Some → intend → Smith
Senator Eric Schmitt (R-MO) launched a hit on Smith, setting up the idea he was part of a conspiracy with Fulton County, Georgia, district attorney Fani Willis and her colleague Nathan Wade to persecute Trump.
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he → launch → Trump
Schmitt asked Smith: “Did you go to an NBA game between the Golden State Warriors and the Atlanta Hawks on February 3, 2024?”
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you → ask → February
Smith looked confused at the sudden turn in the hearing and asked Schmitt to repeat the question.
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Smith → look → question
Once Schmitt did, and asked him if he had ever been to Atlanta during his time as special counsel, Smith answered: “I really don’t think so.
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I → do → counsel
It’s possible I flew through the Atlanta airport on the way to Florida, but I do not have a recollection of going to Atlanta.
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I → ’ → Atlanta
I definitely did not go to a Hawks game.
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I → go → game
I’m sure of that.”
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I → ’m → that
“Did you ever meet Nathan Wade or Fani Willis in your time as special counsel,” Schmitt asked.
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Schmitt → meet → counsel
“No,” Smith answered.
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Smith → answer → ?
Then Schmitt pounced: “What would you say if I had a series of text messages from your team that said you were in Atlanta at a Warrior/Hawks game on February 3, 2024, the day after Willis and Wade announced their affair?”
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Willis → pounce → affair
A staffer briefly flashed a poster board.
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staffer → flash → board
Then Schmitt said: “I don’t think you know that we have this stuff, so I’ll give you a second to process it so you don’t, you know, perjure yourself.”
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you → say → yourself
Smith said: “You just took it down really quick.
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You → say → it
If I could look at that again?”
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I → look → that
Schmitt answered: “We’ll put it in a file.
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We → answer → file
You can respond.
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You → respond → ?
I think you’ve already perjured yourself.”
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you → think → yourself
He went on to call Smith a “villain” and a “dirtbag.”
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He → go → Smith
…and 46 more, not listed.
The Aporia
