Rep. Brandon Gill (R-Texas) confronted former special counsel Jack Smith during a House committee hearing, accusing him and the Justice Department of secretly surveilling members of Congress while violating constitutional protections in their investigation of President Donald Trump.
Gill pressed Smith on his office using secret subpoenas and nondisclosure orders to obtain phone “toll records” from lawmakers—including then-Speaker of the House Kevin McCarthy (R-Calif.)—without notifying them or the public. During questioning, Gill asked whether Smith subpoenaed McCarthy’s toll records in January 2023.
Smith defended his actions by stating that language in court filings referencing potential “flight from prosecution” did not apply personally to McCarthy but addressed general investigative risks. Gill countered that the phrasing clearly targeted McCarthy and that Smith used false information to conceal surveillance.
Gill revealed Smith’s office issued additional secret subpoenas in May 2023 for toll records of nine U.S. senators and another House member, alongside more nondisclosure orders. He emphasized these actions would prevent lawmakers and the American public from learning about data collection, citing an internal DOJ email noting “litigation risk” concerns under the Speech or Debate Clause but asserting the “low likelihood” of charges against listed members.
“You walked all over the Constitution throughout this entire process,” Gill stated during the hearing.
