John Kennedy
Role at the time: U.S. senator from Louisiana and member of the Senate Judiciary Committee
Condemned
Statement summary
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.”