Video from a statement by John Kennedy
Sen. John Kennedy's questions to former special counsel Jack Smith on senators' phone records and nondisclosure orders, at the Senate Judiciary Committee's Sept. 29, 2026 hearing.
Excerpt from 1:29:10 to 1:31:09 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. John Kennedy's questions to Smith on senators' phone records and nondisclosure orders, about 1:29:13 to 1:31:07 on the archived video timeline)
In his questioning of Smith, Sen. John Kennedy told Smith he had to know that seeking the phone records of senators violated the Speech or Debate Clause. He asked whether Smith told Chief Judge James Boasberg that the records were those of members of Congress, and suggested Smith did not because he knew the judge would not agree.
“Well, then you had to know it violated the speech and debate clause. In fact, when you went to Judge Boasberg, you didn't even tell him you were seeking the phone records of members of Congress, did you? Because you knew he wouldn't agree. He would say, hey, counselor, anybody who knows a law book from a J. Crew catalog knows that this violates the Constitution.”