Newly uncovered documents reveal that one of former special counsel Jack Smith’s top deputies advocated for repealing a key constitutional protection for lawmakers.
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one → uncover → lawmakers
"I’m an advocate for repealing the clause but absent that, we’re stuck with it and the way it’s been interpreted," JP Cooney, who served as Smith’s principal deputy prosecutor, wrote in a 2021 exchange first obtained by the Washington Examiner.
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who → ’m → Examiner
He was speaking with Molly Gaston, another prosecutor who would go on to join Smith, about the Constitution’s Speech or Debate Clause.
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who → speak → Clause
The Speech or Debate Clause of the Constitution protects members of Congress from civil or criminal prosecution stemming from their legislative actions or speech.
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Clause → protect → actions
In theory, it shields the legislative branch from being coerced by the executive branch under threat of prosecution.
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it → shield → prosecution
"Records provided to my office revealed that Jack Smith’s right-hand man, J.P. Cooney, flaunted his disdain for the Speech or Debate Clause, which protects the separation of powers.
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which → provide → powers
Later, Cooney and Smith violated this constitutional safeguard by secretly obtaining toll records and text messages from dozens of members of Congress," Senate Judiciary Committee Chairman Sen. Chuck Grassley, R-Iowa, told Fox News Digital.
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Grassley → violate → Digital
"Jack Smith and his team disgracefully tore up the Constitution throughout his partisan investigation.
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Smith → tear → investigation
That’s what happens when runaway Democrat government is in power," Grassley added.
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Grassley → ’ → power
Smith and his staff were responsible for investigating efforts to overturn the 2020 presidential election.
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Smith → investigate → election
"When you became Special Counsel, what direction did you give your staff to handle Speech or Debate and Attorney-Client material?
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you → become → material
Did you issue any directives?
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you → issue → directives
Please explain," Grassley asked Smith, citing Cooney’s support for repealing the clause.
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Grassley → explain → clause
"So, with respect to the Speech or Debate Clause, first, we took our obligations seriously under the Speech or Debate Clause.
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we → take → Clause
It's, in my view, an important part of the separation of powers," Smith responded.
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Smith → respond → powers
"I had members of my staff who were very familiar with the clause, having worked in the public integrity section for years.
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who → have → years
We also, when it was appropriate or required, consulted with the public integrity section regarding application of that clause.
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it → require → clause
"
Grassley dismissed Smith’s defense by arguing that the behavior of his staff contradicted his statement.
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behavior → dismiss → statement
Republicans have argued Cooney’s views foreshadowed Smith’s later use of subpoenas for lawmakers’ communication records.
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views → argue → records
Smith’s team obtained and reviewed communications involving dozens of lawmakers, while separate subpoenas sought telephone records associated with a smaller group of members of Congress.
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subpoenas → obtain → Congress
Among the lawmakers whose messages with White House personnel were obtained and reviewed were Sens. Chuck Grassley, R-Iowa, Ron Johnson, R-Wis., John Cornyn, R-Texas, Josh Hawley, R-Mo., Mike Lee, R-Utah, and Cory Booker, D-N.J., and the late Lindsey Graham, R-S.C.
"In 2023, Cooney, Gaston, Windom and Ray Hulser were given warnings that subpoenaing congressional information could violate the Speech or Debate clause," Grassley previously said.
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Grassley → obtain → clause
Cooney complained about statutory restrictions surrounding efforts to obtain lawmakers’ telephone records during a separate 2021 investigation, at one point calling the language "ridiculous," according to previously released messages.
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Cooney → complain → messages
When asked about Cooney's position on the Speech or Debate Clause, Democracy Forward – the advocacy organization where he now works – referred Fox News Digital to a press release announcing its hiring of both him and Gaston.
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he → ask → him
Cooney and Gaston said in the release that they had spent years "holding the most powerful accountable for public corruption and civil rights abuses" and said they joined Democracy Forward amid what they characterized as the Trump administration’s "de-prioritization" of public corruption enforcement.
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they → say → enforcement
While Republicans have characterized Smith’s investigation as a political witch hunt, he maintains that he acted impartially and in the best interests of the United States.
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he → characterize → States
Proponents argue that Smith’s investigation was necessary because the allegations involved conduct at the core of constitutional government, including efforts to overturn the 2020 election and obstruct the lawful transfer of power, as well as the retention and alleged concealment of highly classified documents on part of President Donald Trump.
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allegations → argue → Trump
Fox News Digital reached Gaston & Cooney PLLC on Wednesday.
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Digital → reach → Wednesday
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