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It's about time.
Jack Smith tried to lay waste to Donald Trump, his administration, and other Republicans by practicing lawfare, and Sen. Hagerty reported him to the Tennessee Supreme Court's Board of Professional Responsibility. Smith's actions were blatantly partisan, seriously questionable, and dishonest: he not only issued subpoenas to phone companies for phone toll records of GOP officials, but he added non-disclosure agreements to prevent the legislators from being notified of these actions. Not only were Smith's actions illegal, but he lied to Chief Judge James Boasberga in withholding the explanation that the data sought belonged to members of Congress:
Smith violated the Rules of Professional Conduct by seeking and obtaining a nondisclosure order from a federal district court without advising the court of critical facts and law. The impact of his lack of candor was a violation of federal law, and an invasion of the very constitutional privileges that ensure a fully free legislative process.
Sen. Hagerty states that Smith drafted the subpoenas and Judge Boasberg probably never read them and simply rubber-stamped them; he also didn't reference the Speech or Debate Clause that requires notice to the person being subpoenaed when someone seeks Senate information.
Hagerty recommended that Smith be disbarred.
In addition to Hagerty's action, U.S. senators Marsha Blackburn (R-TN) and Bill Lee (R-TN) have filed a lawsuit against Smith. They claim that A.G. Merrick Garland's appointment of Smith was unlawful and hold him accountable for his abuses of the law. They are only seeking $1 in damages:
'Through his Arctic Frost witch hunt that targeted conservatives across America and even the President of the United States, Jack Smith perpetrated one of the worst abuses of government power in our nation's history,' Blackburn stated.
Blackburn said, 'This lawsuit is solely about holding Mr. Smith accountable and ensuring that our nation's justice system can never again be weaponized against the American people.'
Jack Smith's outrage at being called out was - well - outrageous, given the laws he's broken. Two of the most credible members of the Senate Judiciary Committee, respected on both sides of the aisle - Senator Chuck Grassley from Iowa and Senator John Kennedy from Louisiana - condemned Smith without hesitation. Senator Grassley opened the hearing by accusing Smith of breaking the law and lying. In his usual graphic fashion, Senator John Kennedy told Smith, "You make me want to throw up in my mouth," when Smith refused to acknowledge his partisan activities.
For too long, we have tolerated rogue prosecutors like Fani Willis, Alvin Bragg, and Letitia James, along with A.G. Merrick Garland and A.G. Eric Holder. Most of them have only received a slap on the wrist and no serious consequences for their disgraceful behavior. It's about time that we set an example that truth and the rule of law matter, and we are taking back the power of government.