Report: Biden officials KNOWINGLY violated the Constitution
Trove of evidence confirms the blatant abuse in Jack Smith’s subpoenas
A new report reveals that a cache of evidence released by Sen. Chuck Grassley, R-Iowa, confirms that the Joe Biden administration knowingly violated the Constitution by diving into the telephone records of Republicans in Congress as part of its lawfare against President Donald Trump.
The report in the Federal confirmed, “The Biden Administration okayed Special Counsel Jack Smith’s subpoenaing congressional phone records knowing the subpoenas were unconstitutional, emails released last week revealed. That same trove of documents also established the illegality of the nondisclosure orders issued by the courts to prevent the telecommunication providers from alert[ing] the members of Congress of the unconstitutional seizure of their toll records.”
It continued, “In other words, the Biden Administration ignored Smith’s blatant violation of congressional Republicans’ constitutional rights under the Speech or Debate Clause because the special counsel’s office was unlikely to criminally charge any of the congressional Republicans — and therefore, there was little ‘litigation risk’ that a court would exclude the unconstitutionally seized evidence.”
The documents released by Grassley concerned Biden’s Arctic Frost investigation into Trump, those wild claims that made up a part of the Democrats’ vast lawfare campaign against Trump, which included Smith’s demand for subpoenas for the telephone records of a list of key Republicans in Congress.
“A May 17, 2023 email from the Biden Administration’s Department of Justice to Smith’s team proves explosive, with the Public Integrity Section ‘concur[ring] in the subpoenas for toll records for the identified Members of Congress.'”
The report said in “concurring” with Smith’s demand for the records, “the DOJ’s Public Integrity Section expressly acknowledged the unconstitutionality of the proposed course of action,” the report confirmed.
In fact, John Keller, an employee of that department, specifically said, “As you are aware, there is some litigation risk regarding whether compelled disclosure of toll records of a Member’s legislative calls violates the Speech or Debate Clause in the D.C. Circuit.”
Further, the email cited the controlling precedent of United States v. Rayburn House Office Building, in which a court concluded “The bar on compelled disclosure is absolute” under the Constitution’s Speech or Debate Clause.
“[T]he caselaw is clear that a legislator asserting the invasion of the Speech or Debate Clause privilege by use of a grand jury subpoena to a third party may intervene and oppose such use,” the email said.
But the Biden administration demanded the records, “Notwithstanding the clarity of the D.C. Circuit’s holding in Rayburn House Office Building, ‘that a search that allows agents of the Executive to review privileged materials without the Member’s consent violates the [Speech or Debate] Clause.'”
The result?
“The Biden Administration ignored Smith’s blatant violation of congressional Republicans’ constitutional rights under the Speech or Debate Clause because the special counsel’s office was unlikely to criminally charge any of the congressional Republicans — and therefore, there was little ‘litigation risk’ that a court would exclude the unconstitutionally seized evidence.”
The disaster for Biden and Smith doesn’t end there, either, the report said.
“That the Biden Administration’s DOJ and the special counsel’s office viewed the subpoenaed congressional Republicans as uninvolved in any of the supposed criminal activity under investigation related to the 2020 election proves significant for a second reason: Several federal judges or magistrates entered nondisclosure orders under the Stored Communications Act, meaning the telecommunication providers were directed not to ‘disclose the existence of the Subpoena to any other person (except attorneys for PROVIDER for the purpose of receiving legal advice).'”
However, federal law allows a nondisclosure order only if a judge concludes there is reason to believe notifying the investigation target would endanger someone’s life, someone would flee prosecution, or someone would tamper with evidence.
Yet Smith demanded nondisclosure orders for his dive into the records of the senators.
Given that the special counsel’s team — with the concurrence of the DOJ — believed it unlikely that any of the congressional Republicans would face criminal charges, it is inconceivable that the special counsel’s office would nonetheless represent to a court that there were ‘reasonable grounds’ to believe disclosing the subpoena to the members of Congress would result in the destruction or tampering of evidence, intimidation of witnesses, or otherwise jeopardized the investigation,” the report said.
Further damaging to Biden and Smith is the fact that the team politically investigating the 2020 election and Trump’s concerns gave “not even a hint of concern over whether congressional Republicans might obstruct the investigation,” the report said.
