WEBVTT

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Welcome back to the deep dive. This is where

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we take the source materials you give us and

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well, we try to give you the fastest path to

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really understanding what's going on. And today

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we are going straight to the source. No cable

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news clips, no opinion pieces. Nope. Today we

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are digging into the deposition transcript of

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former special counsel Jack Smith. That's right.

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We're looking at his testimony from December

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17th, 2025 before the House Judiciary Committee.

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This was a This was part of their whole oversight

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investigation into the so -called weaponization

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of the Justice Department. And it is a huge document.

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I mean, it covers everything from really technical

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legal arguments and procedural rules to the,

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frankly, shocking details of the cases themselves.

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So our mission today is to kind of distill all

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of that down. Exactly. We want to synthesize

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the legal defense, the facts, the procedural

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fights, all of it and give you a clear, impartial

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narrative. We really have to cut through the

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political noise on this one. It's about understanding

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the precise legal arguments Smith was making,

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the principles he used to justify the charges,

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and, you know, looking at some of the more controversial

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steps his team took. Okay, let's jump right in

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then. Let's start with how he framed his job,

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his mandate, and how he defended the integrity

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of his office. So he confirmed his appointment

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was back in November 2022, and he was there to

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investigate two main things. two big areas. First

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was the whole effort to interfere with the transfer

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of power after the 2020 election. Right. And

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the second was the retention, the possession

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of all those highly classified documents. And

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when he was pressed on the motivation for even

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bringing these charges, his defense of his office's

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integrity was absolute. It was. He maintained

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the decision was his and his alone. He said,

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and this is a quote, that the need for charges

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rested entirely with President Trump and his

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actions. He went even further than that, didn't

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he? He claimed he would have brought the exact

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same charges against any former president. Any

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former president? Yeah. He specified Republican

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or Democrat. It wouldn't have mattered if the

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evidence was the same. I mean, in this political

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climate, that's a pretty bold thing to say. And

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to back it up, he didn't just rely on his own

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word. He very deliberately aligned himself with

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what's known as the Robert Jackson standard.

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From 1940. It's a famous set of principles for

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prosecutors. It is. And Smith agreed completely

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that a prosecutor must, quote, seek truth and

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not victims who serves the law and not factional

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purposes. But what does that mean in practice,

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citing a standard from the 40s? Well, it's a

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strategic move. He was emphasizing two things.

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First, Jackson said you only take on cases where

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the offense is the most flagrant, the public

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harm the greatest, and the proof the most certain.

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So by saying that, he's telling the committee

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he believes both the election case and the documents

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case clear that really high bar. That's exactly

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what he's saying. He's arguing these weren't

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marginal calls. He also addressed the idea that

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he, you know, came in with a preconceived outcome.

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Right, the allegation that it was a setup from

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the start. And he testified he would have been

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perfectly comfortable just walking away if the

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facts and the law didn't support a case. To really

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drive that point home, he gave a very specific

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example, didn't he, about non -partisanship?

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He did. He talked about removing an FBI agent

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from the investigation. Why? After reviewing

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the agent's private emails, it turned out the

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agent was in a, you know, a partisan argument

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with some family members about January 6th. Wait,

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hold on. Private emails. The common critique

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is that his office was too political, but isn't

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removing an agent for a private family dispute,

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I mean, isn't that a little paranoid about the

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optics? He must have known the criticism was

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coming. He made a point to stress that the agent

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had done nothing partisan on the job. Absolutely

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nothing. So what was the justification? He said

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it was about the absolute necessity of maintaining

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the integrity and the public perception of integrity

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of the investigation. The perceived bias was

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too big a risk. It was a preemptive move to show

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his team and the public that politics just wasn't

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going to be part of it. That definitely sets

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the stage. So if he defended the process that

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hard, we have to look at the substance. Let's

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dig into the legal theories, starting with the

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election interference case. Yeah, the one that's

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always getting tangled up with the First Amendment.

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Right. So what was his argument there? Smith

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was very clear on this. The case was not about

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limiting free speech. He said Trump was free

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to say he thought he won. He was even free to

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say he falsely won. So what was the crime then?

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The charge, according to Smith, was about violating

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federal law by using knowingly false statements

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about election fraud to target a lawful government

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function. And you used that phrase, affinity

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fraud. That feels very intentional. Oh, it is.

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Affinity fraud is usually a financial crime.

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It's where a scammer targets a specific group

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they belong to, like a religious community or

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a club, because there's built -in trust. So he's

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drawing a parallel. Exactly. He's using that

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metaphor to argue the scheme was based on preying

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on the trust of his political base by feeding

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them claims he knew were false. That's how he

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argues. It crosses the line from political speech

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into criminal deception. And the interesting

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thing is the case wasn't just built on his team's

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interpretation. It was built on the testimony

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of Republicans. That's the core of it. Smith

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stressed that the investigation relied on testimony

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from prominent Republicans, many of whom were

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loyal allies. He named names, right? He did.

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The speaker of the House in Michigan, the speaker

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in Arizona, a former Republican congressman from

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Pennsylvania, all of them testified that they

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rejected the plan because they believed it was

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illegal or based on things they knew for a fact

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were not true. So they were the key witnesses

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for the knowingly false part of the charge. Precise.

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Now, the committee pushed him on the investigations

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approach. You know, why not start from the bottom

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up and charge co -conspirators first? Right.

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The typical way you'd build a conspiracy case.

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So what was his defense? He said the evidence

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made it clear that Trump was, and this is his

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quote, by a large measure the most culpable and

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most responsible person in this conspiracy. He

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felt they had to focus on the central figure.

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Okay, let's pivot to the other case, the classified

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documents. This one had just a mountain of physical

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evidence. And some pretty unforgettable details.

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Smith went through the alleged willful retention

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of these highly classified documents after the

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presidency ended. And the storage conditions.

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I mean, everyone remembers the photos from the

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indictment. It's hard to forget. We're talking

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about top secret documents being kept at a social

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club, specifically on a ballroom stage and, yes,

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in a bathroom and shower. The detail about the

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boxes being separated from the shower by just

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a curtain, it's just mind boggling. But beyond

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the visuals, the real legal danger was the obstruction

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charge. Absolutely. Smith laid out a very clear

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timeline of alleged abstraction that started

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right after the grand jury subpoena in May 2022.

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What were the key events? He detailed how 64

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boxes were apparently moved out of a storage

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room before an attorney came to review them.

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And then? And then only 30 of those boxes were

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returned for the search. That alone seems like

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pretty strong evidence of trying to hide something.

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It is, but it gets even more specific. Smith

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described an attempt to delete security camera

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footage later that summer. Right, the server.

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Yeah. The testimony covered evidence that an

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employee, a Mr. D. Olivera, was told that the

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boss wanted the server deleted. And he refused.

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He refused. Said he didn't have the authority.

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But that conversation became, you know, a cornerstone

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of the obstruction charge. Which all led up to

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the court authorized search in August 2022. Correct.

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And during that search, Smith confirmed they

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recovered another 102 documents with classification

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markings. We're talking top secret, secret, the

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works. So that combination, the sheer volume

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of documents and the evidence of obstruction,

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that was the foundation of that indictment. That

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was the whole case right there. OK. This brings

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us to a major point of contention for the committee.

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Section three, the investigative methods. Specifically,

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getting toll records for members of Congress.

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Yes. Smith confirmed his office got what are

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called non -content toll records for several

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members of Congress and their staff. People like

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staff for Congressman Gohmert and some senators.

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Okay, let's stop there because this is really

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important. We need to be crystal clear for you

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on what this means. What are non -content toll

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records? It's a crucial distinction. It's basically

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the metadata of a phone call. Think of it like

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a phone bill. So it shows which number, called

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which number. And when and for how long. But,

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and this is the key, it contains zero content.

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No recording, no transcript of what was said.

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Smith directly pushed back on the idea that they

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were wiretapping. He did. He called the assertion

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that they tapped the phone of Senator Hawley

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inaccurate. So the goal was just to confirm timelines

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and contacts related to the conspiracy, not to

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listen in on what Congress was doing. Exactly.

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The target was Trump and his co -conspirators.

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The congressional records were just to corroborate

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things, like who Speaker McCarthy was talking

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to at the White House on January 6th. But the

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real controversy was about the non -disclosure

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orders, the NDOs. This meant the members of Congress

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had no idea it was happening. Why is that such

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a flash point? Because it stopped them from going

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to court to try and quash the subpoena. They

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could have argued it was protected by the speech

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or debate clause. Which is a constitutional shield

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for legislative work. It is. So an NDO in this

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case meant Congress couldn't even make that argument.

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So what was Smith's defense for using them? He

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explained that NDOs are pretty standard in federal

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cases to prevent, you know, obstruction or evidence

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being destroyed. But he did admit a really critical

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detail about the policy at the time. What was

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that? He testified that when those subpoenas

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were issued, DOJ policy did not require prosecutors

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to tell the judge that the phone number belonged

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to a sitting member of Congress. Wow. That seems

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like a pretty significant loophole when you're

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talking about separation of powers. It does.

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And Smith acknowledged the policy has since been

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changed by the DOJ. So the committee's concerns

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were seen as valid, basically. It suggests they

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were, yes. Even if the special counsel's actions

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were, you know, technically by the book as it

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was written at that moment. This all leads us

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to the final section of his testimony, which

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was pretty stark. It dealt with the intense political

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pressure and the fallout his team faced. The

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hostility was very real. He confirmed that he

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actually asked to testify publicly. But the committee

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declined. This was all behind closed doors. Yes.

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And he said he wanted a public hearing to defend

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the career prosecutors and FBI agents who he

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said have been vilified wrongly. And he described

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direct professional retribution, didn't he? He

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did. Smith confirmed he and his staff had received

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threats. He also confirmed that actions were

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taken against his team. Security clearances revoked.

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Former colleagues fired from their jobs. He was

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also asked about the public attacks from the

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former president. Yes, he confirmed President

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Trump called him a deranged lunatic and a criminal.

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And Smith testified that he fully believes Trump

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intends to seek personal retribution against

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him and his staff. That intense pressure brings

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us to a sort of a bigger institutional concern

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he raised, the future of the public integrity

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section or PINN. This is a really important point.

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He described PINN as the keeper of these issues

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inside the Justice Department. It's the section

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that handles complex public corruption cases

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and acts as the gatekeeper for sensitive investigations

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involving Congress. So, if pinion gets dismantled,

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what happens? Smith warned that losing that centralized

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expertise would just cripple the DOJ's ability

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to prosecute public corruption. He was worried

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the standards would collapse and the whole process

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would become inconsistent and, well, easier to

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manipulate politically. Finally, they asked him

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to connect all of this to public safety, specifically

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around the January 6th defendants. Yeah, in the

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context of former President Trump pardoning individuals

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who assaulted police officers that day. And he

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didn't hold back. Not at all. He stated very

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clearly that pardoning people who committed violence

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against police does not make the country safer.

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He said people who would be in jail are now free

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and he has no doubt we will see more serious

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crimes from them. So if we just step back and

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look at the whole deposition, it's really a detailed

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point by point defense of the entire process.

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It is. He grounds everything in that Jackson

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standard, arguing the evidence was strong enough

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to get convictions from the Republican witnesses

00:12:31.779 --> 00:12:34.120
in one case to the obstruction evidence in the

00:12:34.120 --> 00:12:37.120
other. It was a full throated defense of prosecutorial

00:12:37.120 --> 00:12:39.820
independence. So for you listening to all this,

00:12:39.980 --> 00:12:42.340
the central conflict, as Smith frames it, is

00:12:42.340 --> 00:12:45.559
this. When does political speech cross the line

00:12:45.559 --> 00:12:48.419
into a criminal scheme? And for him, the line

00:12:48.419 --> 00:12:51.539
is the use of knowingly false claims to subvert

00:12:51.539 --> 00:12:53.799
a lawful government function. That's the whole

00:12:53.799 --> 00:12:56.639
distinction, in his view. And he left the committee

00:12:56.639 --> 00:12:59.440
with a stark warning. He said if election interference

00:12:59.440 --> 00:13:01.980
and obstruction aren't held accountable, it becomes

00:13:01.980 --> 00:13:04.720
the new norm. And he said the toll on democracy

00:13:04.720 --> 00:13:07.059
would be catastrophic. So we'll leave you with

00:13:07.059 --> 00:13:09.700
a final thought to mull over. When you consider

00:13:09.700 --> 00:13:11.980
all the details we've just unpacked, the classified

00:13:11.980 --> 00:13:14.100
documents stored in a bathroom, the secret subpoenas

00:13:14.100 --> 00:13:16.139
for congressional phone records, the professional

00:13:16.139 --> 00:13:19.200
retribution against prosecutors, consider this.

00:13:20.320 --> 00:13:23.100
What is the price society pays when the accountability

00:13:23.100 --> 00:13:25.960
process itself becomes the main focus of our

00:13:25.960 --> 00:13:28.480
political warfare, instead of the alleged crimes

00:13:28.480 --> 00:13:29.720
it was set up to investigate?
