Video from a statement by Ted Cruz
Sen. Ted Cruz's questions and former special counsel Jack Smith's answers on nondisclosure orders, at the Senate Judiciary Committee's Sept. 29, 2026 hearing.
Excerpt from 3:16:57 to 3:20:17 of the committee's archived hearing video. DI added its logo in the corner.
Video: U.S. Senate Committee on the Judiciary. Public domain (U.S. government work) (opens in a new tab)
Watch the full original video (opens in a new tab) (relevant passage: Sen. Ted Cruz's questions and Smith's answers on nondisclosure orders and 2 U.S.C. section 6628, about 3:17:00 to 3:20:15 on the archived video timeline)
Sen. Ted Cruz asked Smith about 2 U.S.C. section 6628, which Cruz said protects Senate communication records, and said Smith gave a judge an order contrary to federal law and got the judge to sign such orders repeatedly. When Smith said his office's work securing the subpoenas and nondisclosure orders was consistent with the law, Cruz said the orders were explicitly contrary to federal statute and to the federal constitution.
“So instead, you gave the judge an order that was contrary to federal law, and you got the judge to sign order after order after order that was contrary to federal law. ... It was explicitly contrary to federal statute. It was explicitly contrary to the federal constitution.”