1
00:00:01,800 --> 00:00:05,480
Speaker 1: In another great victory for the ultimate golar piece. In June,

2
00:00:05,480 --> 00:00:10,520
Speaker 1: we obliterated Arend's nuclear Richmond capacity with operation we call

3
00:00:10,560 --> 00:00:13,360
Speaker 1: it Operation Midnight Hammer, and it was it was midnight,

4
00:00:13,440 --> 00:00:15,760
Speaker 1: it was dark, no moon, and every single one of

5
00:00:15,800 --> 00:00:18,800
Speaker 1: those bombs from the B two bombers hit the airshafts

6
00:00:18,800 --> 00:00:22,120
Speaker 1: and went deep into the earth and totally obliterated everything

7
00:00:22,160 --> 00:00:24,400
Speaker 1: that they were doing. They were two months away from

8
00:00:24,400 --> 00:00:26,680
Speaker 1: having a nuclear weapon. Well, kN let that happen.

9
00:00:27,240 --> 00:00:31,400
Speaker 2: You're listening to the forty seven Morning Update with Ben ferguson.

10
00:00:30,920 --> 00:00:31,920
Speaker 3: Good Friday morning.

11
00:00:32,120 --> 00:00:34,240
Speaker 4: Nice to have you with us on the forty seven

12
00:00:34,360 --> 00:00:37,320
Speaker 4: Morning Update, and we are going in depth this morning

13
00:00:37,720 --> 00:00:42,200
Speaker 4: with Jack Smith being forced to testify before Congress, being

14
00:00:42,240 --> 00:00:45,960
Speaker 4: exposed for what a political hack he is and how

15
00:00:46,000 --> 00:00:48,680
Speaker 4: he abused his power to try to take out Donald

16
00:00:48,680 --> 00:00:52,839
Speaker 4: Trump at all costs the direction of the Biden administration.

17
00:00:53,600 --> 00:00:57,160
Speaker 4: They did it for one simple reason. They wanted to

18
00:00:57,160 --> 00:01:00,120
Speaker 4: make sure Donald Trump would never make it back to

19
00:01:00,160 --> 00:01:03,520
Speaker 4: the White House. It's the forty seven Morning Update and

20
00:01:03,680 --> 00:01:05,000
Speaker 4: it starts right now.

21
00:01:05,280 --> 00:01:06,480
Speaker 2: Story number one.

22
00:01:06,720 --> 00:01:12,440
Speaker 4: During the first public testimony before the House Judiciary Committee, Republicans,

23
00:01:12,560 --> 00:01:18,039
Speaker 4: especially the committee chair, Representative Jim Jordan repeatedly accused Jack

24
00:01:18,120 --> 00:01:23,600
Speaker 4: Smith of trying to get former President Trump and pursuing

25
00:01:23,680 --> 00:01:30,200
Speaker 4: prosecutions for political reasons rather than legal ones. In questioning

26
00:01:30,400 --> 00:01:35,800
Speaker 4: from some GOP members like Representative Ben kleinb Smith refused

27
00:01:35,800 --> 00:01:41,600
Speaker 4: to confirm whether Trump could be prosecuted, again, prompting accusations

28
00:01:41,680 --> 00:01:46,440
Speaker 4: that is legal reasoning is unclear and even inconsistent. And

29
00:01:46,480 --> 00:01:50,760
Speaker 4: then there were the controversial subpoenas from lawmakers phone records,

30
00:01:50,800 --> 00:01:54,640
Speaker 4: which shocked many around the country. One of the major

31
00:01:54,760 --> 00:02:00,480
Speaker 4: flashpoints is that Smith's Arctic Frost investigation led to secret

32
00:02:00,480 --> 00:02:06,040
Speaker 4: subpoenas for Republican lawmaker phone records, including that of Representative

33
00:02:06,120 --> 00:02:10,480
Speaker 4: Chip Roy, a Republican from Texas, who erupted during the

34
00:02:10,520 --> 00:02:15,440
Speaker 4: hearing questioning whether his records were unfairly targeted. GOP members

35
00:02:15,480 --> 00:02:20,959
Speaker 4: called this an abuse of power and obviously constitutional overreach

36
00:02:21,240 --> 00:02:26,080
Speaker 4: at its highest level. Former President Trump also launching attacks

37
00:02:26,080 --> 00:02:29,800
Speaker 4: on Smith. While Smith testified, Trump branded him as a

38
00:02:30,280 --> 00:02:35,200
Speaker 4: deranged animal, accusing him of perjury, and called for actions

39
00:02:35,240 --> 00:02:39,440
Speaker 4: against Smith, claims widely denounced by, of course, the left

40
00:02:39,560 --> 00:02:44,280
Speaker 4: and the media. As you know, politically motivated attacks without evidence.

41
00:02:44,840 --> 00:02:46,360
Speaker 3: Isn't it funny? They'll say that about.

42
00:02:46,200 --> 00:02:50,080
Speaker 4: Trump, but not about the actual evidence that Smith was

43
00:02:50,160 --> 00:02:55,480
Speaker 4: clearly doing that exact thing to Republicans in Congress for

44
00:02:55,560 --> 00:02:58,679
Speaker 4: no reason, even getting the phone records of the Speaker

45
00:02:58,760 --> 00:03:03,960
Speaker 4: of the House. Republicans painting Smith's motives and his decisions,

46
00:03:04,320 --> 00:03:09,040
Speaker 4: including seeking gag orders and aggressive investigative tactics as more

47
00:03:09,120 --> 00:03:15,600
Speaker 4: evidence of prosecutor overreach in partisanship rather than impartial law enforcement.

48
00:03:15,840 --> 00:03:18,400
Speaker 4: Which brings me to the first piece of audio that

49
00:03:18,440 --> 00:03:22,160
Speaker 4: I want you to hear. This is Jim Jordan questioning

50
00:03:22,360 --> 00:03:26,120
Speaker 4: Jack Smith publicly for the world to see, and I

51
00:03:26,160 --> 00:03:28,359
Speaker 4: want you to listen to him hammered down on the

52
00:03:28,400 --> 00:03:31,760
Speaker 4: facts of the abuse of power by Jack Smith and

53
00:03:31,960 --> 00:03:35,320
Speaker 4: the Department of Justice when he was a special prosecutor

54
00:03:35,720 --> 00:03:40,000
Speaker 4: going after Trump for one simple reason to stop him

55
00:03:40,000 --> 00:03:42,040
Speaker 4: from ever getting back in the White House.

56
00:03:42,600 --> 00:03:45,880
Speaker 5: JOm yields back, Mister Smith. Is Cassidy Hutchinson a liar.

57
00:03:46,160 --> 00:03:49,640
Speaker 5: She was their star witness January sixth Committee, their star

58
00:03:49,760 --> 00:03:53,040
Speaker 5: witness in one of those staged and choreographed hearings they

59
00:03:53,080 --> 00:03:56,480
Speaker 5: paid the former president of ABC News to put together.

60
00:03:56,760 --> 00:03:59,520
Speaker 5: She was fact the only witness at this special prime

61
00:03:59,600 --> 00:04:03,720
Speaker 5: time hearing Tuesday, June twenty eighth, twenty twenty two, eight

62
00:04:03,800 --> 00:04:07,200
Speaker 5: o'clock in the evening, and she told some stories. I mean,

63
00:04:07,240 --> 00:04:10,160
Speaker 5: these were these were some stories she talked about President

64
00:04:10,360 --> 00:04:14,080
Speaker 5: lunched across the backseat, grabbed the steering wheel, tried to

65
00:04:14,160 --> 00:04:16,800
Speaker 5: drive the car to the Capitol. And I just want

66
00:04:16,839 --> 00:04:18,839
Speaker 5: to know you think she was lying.

67
00:04:18,800 --> 00:04:23,800
Speaker 6: Jeremy Jordan, My assessment of that particular issue is that,

68
00:04:24,040 --> 00:04:27,800
Speaker 6: with respect to the testimony about someone lunge of the

69
00:04:27,839 --> 00:04:32,960
Speaker 6: President lunging towards the driver, my recollection of her testimony

70
00:04:32,960 --> 00:04:35,560
Speaker 6: about that is that it was secondhand. She said she'd

71
00:04:35,600 --> 00:04:36,560
Speaker 6: heard that from somebody.

72
00:04:36,920 --> 00:04:39,280
Speaker 5: You familiar with the name Tony Ornado. I'm sorry, you

73
00:04:39,279 --> 00:04:42,599
Speaker 5: familiar with the name Tony Ornado? Yes, White House Deputy

74
00:04:42,680 --> 00:04:45,160
Speaker 5: Chief of Operations, Deputy chief of staff for Operations.

75
00:04:45,279 --> 00:04:47,360
Speaker 7: Right. You remember what he.

76
00:04:47,320 --> 00:04:48,919
Speaker 5: Said about it, as I said here right now, I

77
00:04:48,960 --> 00:04:50,920
Speaker 5: do not. Yeah, he said it didn't happen. How about

78
00:04:50,920 --> 00:04:53,000
Speaker 5: Bobby Ingle, You familiar with that name? Yes, I am

79
00:04:53,160 --> 00:04:55,920
Speaker 5: Secret Service agent who was actually in the car that day.

80
00:04:56,040 --> 00:04:56,799
Speaker 7: You know what he said?

81
00:04:56,920 --> 00:04:59,400
Speaker 5: He said, it didn't happen. And they both said the

82
00:04:59,440 --> 00:05:03,400
Speaker 5: first time ever heard this story was when Miss Hutchinson

83
00:05:03,600 --> 00:05:07,039
Speaker 5: testified in the prime time hearing as their star witness

84
00:05:07,200 --> 00:05:09,120
Speaker 5: of the January sixth committee. By the way, do you

85
00:05:09,120 --> 00:05:12,280
Speaker 5: ever confirm her testimony about this particular incident?

86
00:05:13,000 --> 00:05:17,400
Speaker 6: We conducted, as I said before, our own independent investigation

87
00:05:17,800 --> 00:05:20,320
Speaker 6: of all aspects of the case that we thought was relevant.

88
00:05:20,440 --> 00:05:22,360
Speaker 6: We attorneys from my office.

89
00:05:22,400 --> 00:05:24,039
Speaker 7: Did you ever confirm it? That's a simple question.

90
00:05:24,520 --> 00:05:26,919
Speaker 6: We interviewed her, I should say, attorneys in my office.

91
00:05:26,920 --> 00:05:30,760
Speaker 5: But did you ever confirm the president leaping across the seat,

92
00:05:30,800 --> 00:05:33,640
Speaker 5: grabbing the steering wheel, this whole concoction she brought up

93
00:05:33,640 --> 00:05:35,800
Speaker 5: in the January sixth hearing, Do you ever confirm that.

94
00:05:35,760 --> 00:05:40,159
Speaker 6: We interviewed another firsthand witness who was in the car

95
00:05:40,600 --> 00:05:43,400
Speaker 6: who did not confirm that that happened.

96
00:05:43,440 --> 00:05:47,560
Speaker 5: But also your deposition to the committee last month, mister Smith,

97
00:05:48,080 --> 00:05:50,800
Speaker 5: you said this my recollection with miss Hutchinson was a

98
00:05:50,880 --> 00:05:52,840
Speaker 5: number of the things that she gave evidence on were

99
00:05:52,880 --> 00:05:55,880
Speaker 5: secondhand hearsay, your remembers making that statement to us last

100
00:05:55,880 --> 00:05:56,839
Speaker 5: month in the deposition.

101
00:05:57,000 --> 00:05:59,440
Speaker 6: I did, and I was referring particularly to what we're

102
00:05:59,440 --> 00:06:00,240
Speaker 6: talking about now.

103
00:06:00,360 --> 00:06:02,760
Speaker 5: Yeah, And you also said miss Hutchinson regarding this particular

104
00:06:02,839 --> 00:06:05,359
Speaker 5: claim was a second or even third hand witness we

105
00:06:05,480 --> 00:06:07,479
Speaker 5: ask you, if you were a defense attorney, how would

106
00:06:07,520 --> 00:06:09,440
Speaker 5: you handle cross examining her if she was on the

107
00:06:09,440 --> 00:06:11,599
Speaker 5: witness stand? And you said, if I were a defense attorney,

108
00:06:11,600 --> 00:06:13,880
Speaker 5: Miss Hutchinson were a witness, the first thing I would

109
00:06:13,920 --> 00:06:16,760
Speaker 5: do was seek to preclude her testimony because it was here,

110
00:06:16,760 --> 00:06:17,800
Speaker 5: say you remember saying all that?

111
00:06:18,120 --> 00:06:19,839
Speaker 8: Yes, that's correct, So that's correct? Right?

112
00:06:20,000 --> 00:06:21,320
Speaker 5: Were you going to put her on the witness stand

113
00:06:21,320 --> 00:06:22,200
Speaker 5: if you ever got to trial.

114
00:06:22,760 --> 00:06:25,480
Speaker 6: We had not made final determinations as to who we

115
00:06:25,480 --> 00:06:27,320
Speaker 6: were going to call as a witness. We had a

116
00:06:27,440 --> 00:06:30,800
Speaker 6: large were still considering her. We had a large choice

117
00:06:30,839 --> 00:06:32,159
Speaker 6: of witnesses in this Are.

118
00:06:32,000 --> 00:06:35,960
Speaker 5: You familiar what Washington Post reporters Carol Lennig and Aaron

119
00:06:36,040 --> 00:06:37,840
Speaker 5: Davis said in their book? They did his book three

120
00:06:37,920 --> 00:06:40,599
Speaker 5: hundred on pages book on chronicle and the whole investigation

121
00:06:40,640 --> 00:06:42,760
Speaker 5: of the Justice Department, And here's what they said. On

122
00:06:42,880 --> 00:06:45,719
Speaker 5: page three ten, they said Jack Smith had wondered whether

123
00:06:45,760 --> 00:06:48,840
Speaker 5: some of Hutchinson's claims might be relied upon a trial. Still,

124
00:06:48,839 --> 00:06:51,160
Speaker 5: at one point, Smith told the elections team he wasn't

125
00:06:51,160 --> 00:06:54,520
Speaker 5: ready to give up on Hutchinson's account. Ultimately, however, Trump

126
00:06:54,560 --> 00:06:59,800
Speaker 5: administration officials uniformly fiercely disputed her accounts under oath. Prosecutors

127
00:06:59,800 --> 00:07:02,640
Speaker 5: on team told Smith they wouldn't want to use Hutchinson

128
00:07:02,680 --> 00:07:05,720
Speaker 5: as a witness in court, and Smith agreed. Are Caro

129
00:07:05,839 --> 00:07:08,159
Speaker 5: Lennig and Aaron Davis who wrote this, are they lying?

130
00:07:08,279 --> 00:07:11,600
Speaker 6: My recollection is that I certainly had not made any

131
00:07:11,640 --> 00:07:13,640
Speaker 6: final determinations about.

132
00:07:13,560 --> 00:07:15,040
Speaker 8: In who we were going to call.

133
00:07:15,120 --> 00:07:15,920
Speaker 7: That's the point.

134
00:07:16,240 --> 00:07:18,640
Speaker 5: That is the point, the fact that they used her

135
00:07:18,760 --> 00:07:21,960
Speaker 5: in a primetime hearing, and you won't rule out using her,

136
00:07:22,120 --> 00:07:24,240
Speaker 5: didn't rule out using her. Putting on the witness stand

137
00:07:24,360 --> 00:07:26,840
Speaker 5: when everybody knows she wasn't telling the truth.

138
00:07:27,200 --> 00:07:28,560
Speaker 7: That says it all.

139
00:07:28,720 --> 00:07:31,800
Speaker 5: That's the degree the left and Democrats were willing to

140
00:07:31,840 --> 00:07:34,000
Speaker 5: go to get President Trump putting on the witness stand

141
00:07:34,040 --> 00:07:36,320
Speaker 5: someone everybody knows is making it up.

142
00:07:36,480 --> 00:07:38,400
Speaker 7: Everybody knows that, and you were willing to do.

143
00:07:38,480 --> 00:07:40,600
Speaker 5: By the way, you know how many times Cassiy Hutchinson

144
00:07:40,680 --> 00:07:43,280
Speaker 5: was mentioned in their report, the January sixth report, Any idea,

145
00:07:43,320 --> 00:07:46,119
Speaker 5: mister Smith, I do not one hundred and eighty five

146
00:07:46,280 --> 00:07:50,240
Speaker 5: times someone that the whole country knows wasn't telling the truth,

147
00:07:50,560 --> 00:07:53,280
Speaker 5: and you were still considering putting her on the witness

148
00:07:53,280 --> 00:07:57,640
Speaker 5: stand because you had to get President Trump. And everybody

149
00:07:57,680 --> 00:07:58,280
Speaker 5: can see that.

150
00:07:58,400 --> 00:08:01,600
Speaker 4: Now Jim Jordan won, the only one going after Jack Smith.

151
00:08:01,760 --> 00:08:04,960
Speaker 4: Representative Chip Roy, who I mentioned earlier, had this to say,

152
00:08:05,240 --> 00:08:05,480
Speaker 4: do you.

153
00:08:05,400 --> 00:08:06,560
Speaker 3: Know who Cleida Mitchell is?

154
00:08:07,040 --> 00:08:07,280
Speaker 1: Yes?

155
00:08:07,360 --> 00:08:07,560
Speaker 8: I do.

156
00:08:07,960 --> 00:08:10,080
Speaker 9: She's an election lawyer that was involved in filing an

157
00:08:10,080 --> 00:08:12,640
Speaker 9: election contest on behalf of President Trump and Georgia in

158
00:08:12,640 --> 00:08:16,040
Speaker 9: December of twenty twenty a sixty four page complaint with

159
00:08:16,080 --> 00:08:18,920
Speaker 9: over eleven hundred pages of exhibits, witness Avia David's and

160
00:08:19,000 --> 00:08:22,520
Speaker 9: expert witness reports documenting thousands of votes cast in violation

161
00:08:22,600 --> 00:08:25,280
Speaker 9: of Georgia law, but which were nevertheless included in the

162
00:08:25,320 --> 00:08:30,360
Speaker 9: vote totals. Now, notwithstanding the disposition of the cases that

163
00:08:30,480 --> 00:08:33,760
Speaker 9: was filed, is that a criminal act? Filing an election

164
00:08:33,880 --> 00:08:36,640
Speaker 9: contest on behalf of a candidate for office a client?

165
00:08:37,280 --> 00:08:38,120
Speaker 9: Is that a criminal act?

166
00:08:38,200 --> 00:08:38,320
Speaker 6: Yes?

167
00:08:38,440 --> 00:08:39,120
Speaker 3: Or no?

168
00:08:39,120 --> 00:08:39,200
Speaker 7: No?

169
00:08:39,559 --> 00:08:40,600
Speaker 8: In fact we see So.

170
00:08:40,520 --> 00:08:43,120
Speaker 9: Why did you deem it appropriate to monitor Cleida Mitchell's

171
00:08:43,160 --> 00:08:45,520
Speaker 9: long distance phone records in twenty twenty three, two and

172
00:08:45,520 --> 00:08:48,280
Speaker 9: a half years after the election context was filed and

173
00:08:48,440 --> 00:08:51,960
Speaker 9: after the presidential electors were certified? What about Jen Ellis?

174
00:08:52,160 --> 00:08:56,000
Speaker 9: What about Sidney Powell? What about Bill Sepien. What crime

175
00:08:56,040 --> 00:08:58,040
Speaker 9: did you suspect had been committed by them that would

176
00:08:58,040 --> 00:09:00,640
Speaker 9: warrant monitoring their phone records two and a half years

177
00:09:00,679 --> 00:09:03,400
Speaker 9: after twenty twenty election was certified.

178
00:09:04,440 --> 00:09:07,760
Speaker 6: With respect to Sidney Powell, she is one of the

179
00:09:07,800 --> 00:09:10,040
Speaker 6: co conspirators alleged in the indictment.

180
00:09:11,600 --> 00:09:13,360
Speaker 8: I don't know what you mean by monitoring, sir.

181
00:09:13,360 --> 00:09:15,240
Speaker 9: If you're talking, Oh, there were some four hundred plus

182
00:09:15,240 --> 00:09:18,359
Speaker 9: Republican conservative groups and leaders who were targeted by your investigation.

183
00:09:18,400 --> 00:09:21,280
Speaker 9: Their financial records were obtained, records of the RNC, the

184
00:09:21,280 --> 00:09:24,720
Speaker 9: Trump campaign, Cleta Mitchell, the Conservative Partnership Institute, the American

185
00:09:24,760 --> 00:09:30,000
Speaker 9: First League Policy Institute NRCC, RSC packs conservative groups, people

186
00:09:30,000 --> 00:09:32,440
Speaker 9: all across the country. Citizens because we hear a lot

187
00:09:32,720 --> 00:09:35,920
Speaker 9: about members of Congress, and we should because the separation

188
00:09:36,000 --> 00:09:38,600
Speaker 9: of powers and the egregious abuse of power. But what

189
00:09:38,640 --> 00:09:40,480
Speaker 9: we're not talking about enough, in my opinion, are the

190
00:09:40,480 --> 00:09:43,559
Speaker 9: American citizens that have been targeted, because, frankly, are there

191
00:09:43,559 --> 00:09:45,719
Speaker 9: any limits to the power of a special prosecutor, a

192
00:09:45,760 --> 00:09:46,480
Speaker 9: special council.

193
00:09:47,000 --> 00:09:50,160
Speaker 4: Now, chip Roy wasn't the only one that wanted his

194
00:09:50,360 --> 00:09:55,360
Speaker 4: pound of flesh, especially from an abusive psychotic as I

195
00:09:55,400 --> 00:09:58,800
Speaker 4: would describe it man who said he was really a

196
00:09:58,840 --> 00:10:02,439
Speaker 4: special prosecutor that abused his power to try to overthrow

197
00:10:02,480 --> 00:10:05,080
Speaker 4: the will of the people and try to put Donald

198
00:10:05,080 --> 00:10:08,080
Speaker 4: Trump in jail and make sure he was never president again.

199
00:10:08,920 --> 00:10:11,760
Speaker 4: Brandan Gill had this to say when he had a

200
00:10:11,840 --> 00:10:16,440
Speaker 4: chance to talk directly to this man that destroyed what

201
00:10:16,640 --> 00:10:18,720
Speaker 4: was supposed to be law and order in this country.

202
00:10:19,440 --> 00:10:21,719
Speaker 10: Mister Smith, in January of twenty twenty three, did you

203
00:10:21,840 --> 00:10:25,040
Speaker 10: subpoena then Speaker of the House of Kevin McCarthy's toll records?

204
00:10:25,920 --> 00:10:26,640
Speaker 8: Yes, sir, we did.

205
00:10:26,800 --> 00:10:27,240
Speaker 7: Yes, he did.

206
00:10:27,320 --> 00:10:29,680
Speaker 10: And the subpoena covered the time period between November twenty

207
00:10:29,760 --> 00:10:31,280
Speaker 10: twenty and January twenty twenty one.

208
00:10:31,320 --> 00:10:31,760
Speaker 7: Is that right?

209
00:10:32,360 --> 00:10:33,920
Speaker 8: I'm sorry, sir. Could you say that again.

210
00:10:34,400 --> 00:10:35,920
Speaker 7: We're not going to delay like this.

211
00:10:36,000 --> 00:10:38,640
Speaker 10: The subpoena covered the time period between November of twenty

212
00:10:38,679 --> 00:10:41,600
Speaker 10: twenty and January twenty twenty one. How many days after

213
00:10:41,679 --> 00:10:45,320
Speaker 10: Kevin McCarthy was sworn in his speaker did useepoena his records?

214
00:10:46,280 --> 00:10:48,560
Speaker 8: I don't recall, but those two things had nothing.

215
00:10:48,760 --> 00:10:52,520
Speaker 10: It was sixteen days after becoming the highest ranking Republican

216
00:10:53,000 --> 00:10:56,440
Speaker 10: in the House of Representatives, usubpoenaed his toll records. Do

217
00:10:56,520 --> 00:10:59,480
Speaker 10: you agree that that might reasonably be considered a violation

218
00:10:59,520 --> 00:11:00,760
Speaker 10: of the speech debate clause?

219
00:11:01,920 --> 00:11:03,600
Speaker 8: I do not, And I want to be clear that

220
00:11:03,640 --> 00:11:04,319
Speaker 8: the till you.

221
00:11:04,280 --> 00:11:07,800
Speaker 10: Were collecting month's worth of phone data on the Republican

222
00:11:07,920 --> 00:11:11,040
Speaker 10: Speaker of the House, the leader of the opposition, right

223
00:11:11,080 --> 00:11:13,840
Speaker 10: after he got sworn in as speaker, all around the

224
00:11:13,840 --> 00:11:17,120
Speaker 10: time of a major vote. That sounds like a flagrant

225
00:11:17,200 --> 00:11:19,520
Speaker 10: violation of the speecher debate clause to me, and I

226
00:11:19,520 --> 00:11:22,600
Speaker 10: think most people agree with me. And Speaker McCarthy had

227
00:11:22,600 --> 00:11:25,800
Speaker 10: no recourse, did he, because you issued a non disclosure

228
00:11:25,920 --> 00:11:29,240
Speaker 10: order ensuring that neither he nor any of the American

229
00:11:29,280 --> 00:11:30,679
Speaker 10: people knew about the subpoenas.

230
00:11:30,760 --> 00:11:31,200
Speaker 7: Is that right?

231
00:11:31,960 --> 00:11:35,120
Speaker 6: The toll record, the non content toll record subpoena is

232
00:11:35,400 --> 00:11:39,000
Speaker 6: we did secure non disclosure orders for those subpoenas you did.

233
00:11:39,000 --> 00:11:40,760
Speaker 10: And let me ask you, mister Smith, at the time

234
00:11:40,800 --> 00:11:42,920
Speaker 10: you secured those non disclosure orders.

235
00:11:42,960 --> 00:11:44,680
Speaker 7: Was Speaker McCarthy a flight risk?

236
00:11:45,120 --> 00:11:49,240
Speaker 6: The non disclosure order was based on concerns about it.

237
00:11:49,280 --> 00:11:50,840
Speaker 7: Was Speaker McCarthy a flight risks?

238
00:11:50,840 --> 00:11:51,360
Speaker 8: He was not?

239
00:11:51,640 --> 00:11:52,080
Speaker 7: He was not.

240
00:11:52,280 --> 00:11:54,679
Speaker 10: Then why did your non disclosure order refer to him

241
00:11:54,679 --> 00:11:57,400
Speaker 10: as a flight risk. It says right here, the court

242
00:11:57,440 --> 00:12:00,920
Speaker 10: finds reasonable grounds to believe that such disclosed will result

243
00:12:00,960 --> 00:12:03,520
Speaker 10: in flight from prosecution, Sir.

244
00:12:03,720 --> 00:12:08,920
Speaker 6: When securing a non disclosure order, the risks don't have

245
00:12:09,000 --> 00:12:09,760
Speaker 6: to be associated.

246
00:12:09,800 --> 00:12:12,560
Speaker 7: I think that the Speaker of the House is a risk?

247
00:12:12,640 --> 00:12:13,120
Speaker 7: This question?

248
00:12:13,600 --> 00:12:15,920
Speaker 10: No, this is not your time, this is my time.

249
00:12:16,559 --> 00:12:18,439
Speaker 10: You think you think the Speaker of the House is

250
00:12:18,440 --> 00:12:19,920
Speaker 10: a flight risk? You think he's going to hop on

251
00:12:19,960 --> 00:12:21,160
Speaker 10: a plane and leave the country.

252
00:12:21,600 --> 00:12:24,600
Speaker 6: No, No, What I was trying to explain is, with

253
00:12:24,840 --> 00:12:28,720
Speaker 6: respect to a non disclosure order, the risks aren't necessarily

254
00:12:28,760 --> 00:12:33,880
Speaker 6: associated with the subscriber to the phone's the risks to investigation.

255
00:12:34,520 --> 00:12:36,840
Speaker 10: I think that you were using this is clearly in

256
00:12:36,920 --> 00:12:40,920
Speaker 10: reference to Speaker McCarthy, and you were using clearly false

257
00:12:40,960 --> 00:12:44,240
Speaker 10: information to secure a non disclosure order to hide from

258
00:12:44,320 --> 00:12:47,440
Speaker 10: Speaker McCarthy and from the American people the fact that

259
00:12:47,480 --> 00:12:49,520
Speaker 10: you were spying on his toll records. But I've got

260
00:12:49,520 --> 00:12:52,080
Speaker 10: more more, so let's move on. In May of twenty

261
00:12:52,120 --> 00:12:55,000
Speaker 10: twenty three, you also issued subpoenis for toll records of

262
00:12:55,200 --> 00:12:58,800
Speaker 10: nine US senators in an additional representative.

263
00:12:58,200 --> 00:12:58,840
Speaker 7: Is that right.

264
00:13:00,160 --> 00:13:02,520
Speaker 8: Of twenty three. We did issues you.

265
00:13:02,520 --> 00:13:04,680
Speaker 10: Did, and there were non disclosure orders in conjunction with

266
00:13:04,679 --> 00:13:05,720
Speaker 10: those subpoenas as well.

267
00:13:05,800 --> 00:13:09,120
Speaker 6: Right, that's correct, consistent with Department policy, right law.

268
00:13:09,320 --> 00:13:10,920
Speaker 7: So again, nobody would know what you were doing.

269
00:13:10,920 --> 00:13:13,360
Speaker 10: The Senators would and the representatives would, and the American

270
00:13:13,360 --> 00:13:14,480
Speaker 10: people wouldn't know what you were doing.

271
00:13:14,559 --> 00:13:15,000
Speaker 7: Is that right?

272
00:13:15,480 --> 00:13:19,079
Speaker 6: The toll records that we secured in the non disclosure

273
00:13:19,120 --> 00:13:21,480
Speaker 6: orders were consistent with policy.

274
00:13:21,240 --> 00:13:23,360
Speaker 10: And case, and you knew whenever you were doing that

275
00:13:23,360 --> 00:13:25,320
Speaker 10: that there was a risk you were violating the speechure

276
00:13:25,360 --> 00:13:25,920
Speaker 10: debate clause.

277
00:13:26,000 --> 00:13:26,440
Speaker 7: Is that right?

278
00:13:26,960 --> 00:13:29,560
Speaker 6: The toll record subpoenas that we secured were with the

279
00:13:29,600 --> 00:13:30,840
Speaker 6: concurrence of the public contech.

280
00:13:30,960 --> 00:13:33,360
Speaker 10: Your own analysis says that you knew there was a

281
00:13:33,440 --> 00:13:35,960
Speaker 10: risk you were violating the speech or debate clause.

282
00:13:36,000 --> 00:13:36,840
Speaker 7: I have it right here.

283
00:13:36,880 --> 00:13:39,960
Speaker 10: This is an email from John Keller at Public Integrity

284
00:13:40,000 --> 00:13:41,240
Speaker 10: Section to your team.

285
00:13:41,720 --> 00:13:42,439
Speaker 7: As you are aware.

286
00:13:42,559 --> 00:13:45,120
Speaker 10: Quote, as you are aware, there is some litigation risk

287
00:13:45,200 --> 00:13:48,920
Speaker 10: regarding whether compelled disclosure of toll records of a member's

288
00:13:49,000 --> 00:13:51,760
Speaker 10: legislative calls violates the speech or debate clause in the

289
00:13:51,840 --> 00:13:52,600
Speaker 10: DC circuit.

290
00:13:52,600 --> 00:13:55,640
Speaker 7: That's from your own analysis right there. So you did know,

291
00:13:55,760 --> 00:13:56,160
Speaker 7: didn't you.

292
00:13:56,760 --> 00:13:58,920
Speaker 6: So with respect to the item you just put up

293
00:13:58,960 --> 00:14:01,880
Speaker 6: on the screen, the sentence states.

294
00:14:02,120 --> 00:14:04,480
Speaker 7: Uh, oh, we're going to get to the last sentence. Okay,

295
00:14:04,559 --> 00:14:06,720
Speaker 7: we're going to get to the last sentence, and you

296
00:14:06,840 --> 00:14:10,000
Speaker 7: cite case Lawn here. Quote the bar on compelled disclosure

297
00:14:10,080 --> 00:14:12,160
Speaker 7: is absolute? Is right? Is that right? Or do you

298
00:14:12,160 --> 00:14:14,760
Speaker 7: think that you didn't have to abide by that precedent?

299
00:14:15,160 --> 00:14:17,600
Speaker 6: To be clear, this is not this statement is not

300
00:14:17,720 --> 00:14:19,440
Speaker 6: from my office. This is the statement.

301
00:14:19,560 --> 00:14:23,200
Speaker 10: This is This is your justification for those subpoenas and

302
00:14:23,280 --> 00:14:24,400
Speaker 10: indos that you ordered.

303
00:14:24,480 --> 00:14:27,360
Speaker 7: This was part of your analysis. It's a cursory analysis.

304
00:14:27,360 --> 00:14:29,560
Speaker 7: I think it's worth noting. But let's get to that

305
00:14:29,640 --> 00:14:31,080
Speaker 7: last sentence then. Quote.

306
00:14:31,120 --> 00:14:33,840
Speaker 10: Given my understanding of the low likelihood that any of

307
00:14:33,880 --> 00:14:37,280
Speaker 10: the members listed below would be charged, the litigation risk

308
00:14:37,440 --> 00:14:40,400
Speaker 10: should be minimal here. In other words, you're using a

309
00:14:40,440 --> 00:14:43,120
Speaker 10: novel legal theory which you knew was novel, has never

310
00:14:43,160 --> 00:14:46,280
Speaker 10: been tested by any court. You're not charging any of

311
00:14:46,320 --> 00:14:48,720
Speaker 10: these members. Nobody is going to know about it because

312
00:14:48,480 --> 00:14:51,680
Speaker 10: you issued indos. Nobody is going to sue about it.

313
00:14:51,720 --> 00:14:54,960
Speaker 10: So sue this, So who cares? We're going to do it? Anyways?

314
00:14:55,360 --> 00:14:58,920
Speaker 10: You walked all over the Constitution throughout this entire process.

315
00:14:58,960 --> 00:15:01,360
Speaker 10: Some of the gentleman's time sigh, Members of Congress, and

316
00:15:01,400 --> 00:15:03,800
Speaker 10: you know it, it's absolutely disgraceful.

317
00:15:04,720 --> 00:15:07,120
Speaker 4: Let's just go back for a second to the Kevin

318
00:15:07,200 --> 00:15:11,920
Speaker 4: McCarthy aspect of this. Kevin McCarthy put out a post

319
00:15:12,240 --> 00:15:16,600
Speaker 4: and this is what he said, after watching Brandon Gill

320
00:15:16,760 --> 00:15:20,440
Speaker 4: go after Jack Smith. Quote, a Speaker of the House,

321
00:15:20,920 --> 00:15:24,840
Speaker 4: I had a twenty four to seven security detail, and

322
00:15:24,920 --> 00:15:28,360
Speaker 4: my location was known to the government at all times.

323
00:15:28,920 --> 00:15:35,280
Speaker 4: Flight risk question mark another of Jack Smith's many lies. Now,

324
00:15:35,360 --> 00:15:39,160
Speaker 4: Kevin McCarthy's absolutely right. When you're the Speaker of the House,

325
00:15:39,360 --> 00:15:41,840
Speaker 4: the government knows where you are twenty four to seven,

326
00:15:42,480 --> 00:15:46,240
Speaker 4: not just in America, literally anywhere you go in the world,

327
00:15:46,880 --> 00:15:47,960
Speaker 4: they know where you are.

328
00:15:48,240 --> 00:15:50,400
Speaker 3: Your third in line to the presidency.

329
00:15:51,160 --> 00:15:55,040
Speaker 4: So the idea that Kevin McCarthy, the Speaker of the

330
00:15:55,080 --> 00:15:59,320
Speaker 4: House at the time, was a flight risk and therefore

331
00:15:59,440 --> 00:16:01,560
Speaker 4: Jack Smith had to do this secretly because if you

332
00:16:01,600 --> 00:16:03,600
Speaker 4: knew about it, somehow he was just going to leave

333
00:16:03,680 --> 00:16:07,920
Speaker 4: the country is another example of the total insanity from

334
00:16:08,000 --> 00:16:11,840
Speaker 4: Jack Smith. Now it's not insanity like he's crazy, it's

335
00:16:11,880 --> 00:16:14,680
Speaker 4: the insanity that he had to justify doing something he

336
00:16:14,720 --> 00:16:17,640
Speaker 4: knew he shouldn't be doing, and he needed a crazy

337
00:16:17,680 --> 00:16:21,840
Speaker 4: reason to do it. In almost every case a third

338
00:16:21,920 --> 00:16:25,280
Speaker 4: by the way, the US Senate, their phone records were asked.

339
00:16:25,280 --> 00:16:28,960
Speaker 4: They're basically being surveyed, spied on from the government for

340
00:16:29,080 --> 00:16:32,920
Speaker 4: which they serve. And they went to Verizon and they

341
00:16:32,960 --> 00:16:36,680
Speaker 4: got those records from many members of the Senate, thank goodness,

342
00:16:36,760 --> 00:16:38,840
Speaker 4: at and T When they were asked for the phone

343
00:16:38,880 --> 00:16:41,960
Speaker 4: records of Sinner Ted Cruz, they said no because they

344
00:16:42,080 --> 00:16:45,600
Speaker 4: understood that this was like absolute abuse of power and

345
00:16:45,640 --> 00:16:47,080
Speaker 4: they weren't going to be a part of it. But

346
00:16:47,240 --> 00:16:49,680
Speaker 4: Verizon was more than happy to just hand over the

347
00:16:49,680 --> 00:16:52,000
Speaker 4: records of all of these members of Congress.

348
00:16:52,720 --> 00:16:54,920
Speaker 3: This is just how bad it was. Now.

349
00:16:54,920 --> 00:16:57,040
Speaker 4: This is also, I want to be clear what happens

350
00:16:57,120 --> 00:17:01,440
Speaker 4: in like communists and socialist country. They are willing and

351
00:17:01,520 --> 00:17:04,520
Speaker 4: jack Smith is willing to lie to your face over

352
00:17:04,600 --> 00:17:06,760
Speaker 4: this had no problem.

353
00:17:07,440 --> 00:17:09,320
Speaker 3: Kevin McCarthy. I'll give you another example.

354
00:17:10,560 --> 00:17:13,360
Speaker 4: And this was even before Jacksmith testifies before the House

355
00:17:13,440 --> 00:17:17,440
Speaker 4: Judiciary Committee. Someone posted quote, don't forget what he did.

356
00:17:18,040 --> 00:17:20,800
Speaker 4: He forced cell phone cominges to hand over the phone

357
00:17:20,840 --> 00:17:24,120
Speaker 4: records of sitting members of Congress. That kind of abuse

358
00:17:24,160 --> 00:17:28,920
Speaker 4: demand's consequences. Accountability for Joe Biden and Jack Smith is overdue,

359
00:17:29,440 --> 00:17:32,040
Speaker 4: and it begins with Jack Smith answering every single question

360
00:17:32,200 --> 00:17:35,479
Speaker 4: put to him by the House. Now, AT and T,

361
00:17:35,800 --> 00:17:38,480
Speaker 4: not only do they turn over Speaker McCarthy's records to

362
00:17:38,600 --> 00:17:41,879
Speaker 4: Jack Smith after it told the public that it didn't,

363
00:17:42,040 --> 00:17:46,360
Speaker 4: AT and T straight up lied to the public. They

364
00:17:46,400 --> 00:17:51,119
Speaker 4: did give then House Speaker McCarthy's personal cell phone records

365
00:17:51,560 --> 00:17:56,119
Speaker 4: amid the January sixth investigation. AT and T lied publicly,

366
00:17:56,200 --> 00:17:59,200
Speaker 4: so they did not turn over the records, but upon review,

367
00:17:59,760 --> 00:18:05,480
Speaker 4: they did comply with Smith January twenty twenty three subpoena. Now,

368
00:18:05,480 --> 00:18:08,000
Speaker 4: why would AT and T lie about this? Because they

369
00:18:08,080 --> 00:18:11,040
Speaker 4: knew exactly what they did was straight up illegal, They

370
00:18:11,119 --> 00:18:13,600
Speaker 4: knew they were a part of it, and apparently they

371
00:18:13,600 --> 00:18:16,760
Speaker 4: didn't like Donald Trump, so they said, we'll go along

372
00:18:16,840 --> 00:18:19,400
Speaker 4: with it. I assure you, they wouldn't have given these

373
00:18:19,440 --> 00:18:22,720
Speaker 4: phone records for a Democrat sitting president. They wouldn't have

374
00:18:22,760 --> 00:18:25,800
Speaker 4: done to Joe Biden, and they certainly wouldn't have done

375
00:18:25,800 --> 00:18:29,040
Speaker 4: it to Barack Obama. But because it was Donald Trump,

376
00:18:29,080 --> 00:18:34,320
Speaker 4: they said, fine, do it. We have no problem with it,

377
00:18:34,640 --> 00:18:39,320
Speaker 4: and this is exactly why we need accountability. Congressional hearings

378
00:18:39,320 --> 00:18:44,760
Speaker 4: with him are important. It's a masterclass and transparenty. The

379
00:18:44,840 --> 00:18:49,040
Speaker 4: short answer is also easy. Many Democrats say, move on

380
00:18:49,160 --> 00:18:50,920
Speaker 4: from it and act like it never happened.

381
00:18:51,560 --> 00:18:54,360
Speaker 3: Thank goodness, Republicans, they're not going to do that.

382
00:18:54,440 --> 00:18:57,120
Speaker 2: Thank you for listening to the forty seven Morning Update

383
00:18:57,240 --> 00:19:00,560
Speaker 2: with Ben Ferguson. Please make sure you hit the subscribe

384
00:19:00,840 --> 00:19:04,119
Speaker 2: wherever you're listening to this podcast right now and for

385
00:19:04,200 --> 00:19:07,600
Speaker 2: more in depth news, also subscribe to the Ben Ferguson

386
00:19:07,640 --> 00:19:10,520
Speaker 2: podcast and we will see you back here tomorrow