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.
Why we used this label
The case asks whether the collection of members' phone records and messages was proper. Britt said the released records suggest the nondisclosure orders were meant to keep members from challenging the subpoenas under the Speech or Debate Clause, and that the team's actions undermined the separation of powers. That rejects the subpoenas and the nondisclosure orders as improper, so we labeled it Condemned.