Sen. Katie Britt's questions to former special counsel Jack Smith on subpoenas, nondisclosure orders and the separation of powers, at the Senate Judiciary Committee's Sept. 29, 2026 hearing.

In her questioning of Smith, Sen. Katie Britt said it had been widely reported that his team issued some 44 subpoenas for the toll records of at least 20 Republican members of Congress, including at least eight senators, and asked whether he believed there were reasonable grounds to think those senators would tamper with evidence or intimidate witnesses. Smith answered no. Britt said the records Chairman Grassley released suggest the actual reason for the nondisclosure orders was to keep members from challenging the subpoenas under the Speech or Debate Clause, and that Smith's team took actions that undermined the separation of powers.

“It's been widely reported that you and your team issued some 44 subpoenas related to the tolling records of at least 20 Republican members of Congress, including at least eight U.S. senators, including at least four members of this committee ... it appears the actual reason for the NDOs was to avoid giving those members the opportunity to challenge the subpoenas pursuant to the protection that they enjoyed under the Constitution's speech and debate clause. ... Your team took actions to directly undermine the separation of powers at the heart of the Constitution.”