As we’ve already reported, the House Judiciary Committee held a hearing to grill former Special Counsel Jack Smith over his investigation into President Donald Trump.
Committee Chair, Republican Rep. Jim Jordan (OH-04) ripped into Smith for weaponizing his investigation, saying it was always about politics. Jordan brought up how Smith got phone records of the then-GOP Speaker of the House, Kevin McCarthy (CA-20), 16 days after he assumed the position, for the two-month period of time between Election Day, Nov. 2020, to Jan. 7, 2021.
READ MORE: Jack Smith in the Hot Seat at House Judiciary Committee As Jim Jordan Lights Him Up but Good
Republican Rep. Brandon Gill (TX-26) then went full bore on that with Smith, noting he was going after the toll records of the highest-ranking Republican at the time.
Brandon Gill reduces Jack Smith to a stammering mess by catching him in several lies pic.twitter.com/nC3JFaQHhL
GILL: You knew there was a risk you were violating the Speech or Debate clause, is that right?
SMITH: The subpoenas we secured were with the concurrence of the Public…
— Breitbart News (@BreitbartNews) January 22, 2026
“You were collecting months’ worth of phone data on the Republican Speaker of the House, leader of the opposition, right after he got sworn in as Speaker, all around the time of a major vote,” Gill stated, saying he thought it was a flagrant violation of the Speech and Debate Clause.
Gill explained how, on top of that, because Smith obtained a non-disclosure order, the fact that he got the records was not allowed to be revealed to McCarthy or the public. Gill questioned Smith on the notation in the non-disclosure order that part of the reason was “flight risk.” Gill hammered him over the contention that the Speaker of the House could be a “flight right” so as to justify the order. Smith tried to say it didn’t only apply to the subscriber of the phone.
But Gill just skewered him, “You were using clearly false information to secure a non-disclosure order to hide from Speaker McCarthy and the American people the fact that you were spying on his toll records!”
McCarthy weighed in, and he was not happy. He pointed out how his location was known 24/7, so it was ridiculous if anyone tried to paint him as a flight risk.
As Speaker of the House, I had a 24/7 security detail and my location was known to the government at all times.
Flight risk? Another of Jack Smith’s many lies. https://t.co/MtgJ3HVHLk
— Kevin McCarthy (@SpeakerMcCarthy) January 22, 2026
Gill also pointed out that it wasn’t only McCarthy, but also went after the toll records for nine Senators and one House Representative in May of 2023, and that those also had non-disclosure orders.
READ MORE: Former Capitol Police Officer Michael Fanone Had Some Wild Moments at Jack Smith Hearing
Gill pointed out how Smith did this despite concerns about violating the Speech and Debate clause, and despite the fact that it was never contemplated to charge these people. Gill contended that Smith walked all over their rights.
The questioning and Smith’s actions reveal how bad things were. Good on Gill for laying it all out. That did not go well for Smith; he looked awful while trying to answer the questions. Gill just left him in the dust.
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