Katie Britt
Role at the time: U.S. senator from Alabama and member of the Senate Judiciary Committee
Statement summary
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.”
Senate Judiciary Committee's archived video of the September 29, 2026 hearing. Sen. Katie Britt gave figures for the subpoenas, asked whether Smith believed senators would have tampered with evidence, and described what she said was the actual reason for the nondisclosure orders.
Archived copy (opens in a new tab)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.