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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?