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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.