00:00Did your team subpoena records concerning the Republican National Committee?
00:06We subpoenaed a number of records.
00:09That's a yes or no question.
00:12I do not have, I just want to be clear with you, Senator, I do not have a recollection of
00:16every subpoena.
00:17We did subpoena numerous records.
00:20Did your team subpoena the RNC?
00:22I would have to look at those records, but we did.
00:24You're testifying you don't remember? Yes, no, or I don't remember. Those are your three options.
00:28It is very possible. I do not have a recollection of every subpoena.
00:31Okay, did your team subpoena Turning Point USA?
00:36Again, I would have to look at the records.
00:37Do you have any idea who you subpoenaed?
00:39Can you name, all right, let me help you.
00:42Did your team subpoena the Conservative Partnership Institute?
00:47That I do remember, yes.
00:48Okay, good, we found one.
00:50And I can explain why.
00:51Did your subpoenas demand communications with Fox News?
00:57The subpoenas that we issued did ask for communication regarding ad buys, because it was relevant to the false statements
01:05we were investigating.
01:06So purchasing advertising on a news agency you somehow believe is criminal.
01:10Did your team seek and obtain donor and fundraising data?
01:16I would have to look at the subpoenas, but again, I'm happy to.
01:19You don't know if you had donor and fundraising data?
01:22I'm happy to explain why we issued these subpoenas.
01:24Do you know if you had donor and fundraising data?
01:26I would have to look at the subpoenas.
01:28You don't know?
01:29Are you testifying right now you don't know if you obtained donor and fundraising data?
01:37You can sigh all you like.
01:39It's a very simple question.
01:40You know damn well you did.
01:41You've been questioned about the checks that you guys got.
01:44You know the answer.
01:46So why don't you answer the question.
01:49Did your team obtain donor and fundraising information?
01:53It's a yes.
01:54You can say yes.
01:56I do not recall the attachments to specific subpoenas.
02:00I'm happy to explain why we issued.
02:02So you're testifying you don't remember if you got donor and fundraising material?
02:06Really?
02:08I do not recall because I have not seen those subpoenas in a very long time.
02:13But I'm happy to explain why we issued.
02:16Look, look, I get you want to dance and avoid the questions.
02:18I understand it because you can't answer a simple straightforward question.
02:21All in all, you issued 197 subpoenas to 34 individuals at least and 163 businesses.
02:28And you sought records on at least 430 Republican individuals and entities.
02:33Is that right?
02:34And you're going to say you don't remember.
02:35Is that correct?
02:37I do not recall those numbers.
02:39I understand.
02:40You know, if you look at the list, there is one thing that is consistent.
02:44Every name on it is a Republican.
02:47Is it your view?
02:48Is it a crime to be a Republican?
02:51Absolutely not, sir.
02:52Is it a crime to write a check to Republicans?
02:55It is not.
02:56And I'm happy to explain why we issued these subpoenas, if you'd like.
03:01Sure.
03:02Briefly.
03:03We had to conduct an investigation about whether any person or entity violated the law with respect
03:10to the attempt to block the peaceful transfer of power.
03:13To make that decision.
03:14Yes, I understand.
03:15And you used that as an excuse to engage in a massive fishing expedition targeting over 400 Republicans.
03:21And it was disgraceful.
03:23Let's just talk about the United States Senate.
03:26You issued subpoenas for more than 20 percent of the Republicans in the Senate.
03:32Is that why you lied to the House under oath about getting member text messages?
03:37I answered every question I was asked truthfully.
03:41Oh, I don't think so.
03:42I'm proud of our investigation.
03:43No, well, you shouldn't be.
03:44You should be totally ashamed.
03:45Let me just ask you this.
03:47On December 17, 2025, you told the House that you had never gotten text messages from members of Congress.
03:55Let's have a look.
03:56Here's what you said to the House.
03:59Did you seek a search warrant for the content of any text messages of members?
04:04You say, from members?
04:07Yes.
04:08You say, I don't recall.
04:10I don't recall that.
04:11It was just toll records?
04:13You say, correct.
04:14Now, do you recall this exchange with the House on December 17, 2025?
04:19I see it there, yes.
04:20Okay, good.
04:22But on June the 2nd, 2023, two full years earlier, you demanded from the National Archives records that included text
04:31messages from 44 United States senators and members of Congress.
04:37And, indeed, you got all of those records.
04:40Isn't that correct?
04:41Yes, and I'm happy to explain that if you'll give me the opportunity.
04:44Oh, no, I understand that you got them.
04:45We all understand, and we know it, not because you told us, but because the Department of Justice disclosed it.
04:52So two full years before this deposition, you were in possession of text messages from 44 members of Congress that
05:00you went and subpoenaed.
05:01You read them within 30 minutes, the Department of Justice told this committee.
05:06They said that within an hour of receiving those text messages, your team was reading them, and yet, not only
05:13did you not notify any member of Congress whose text messages you obtained pursuant to your process,
05:20you told the House, two full years later, having read all 44 members' messages, you told them you'd never gotten
05:26messages.
05:27You'd never requested messages from any member of Congress.
05:31That was a lie, Mr. Smith.
05:34And you may try your lawyer your way out of it.
05:37Well, it wasn't from the member.
05:38It was from the archives.
05:40You knew exactly what you were being asked, and you deliberately misled them.
05:44You're a smart guy.
05:45I think that's pretty clear.
05:47But you use your ability and the powers of your office to lie to the court, to lie to Congress,
05:54to lie to the American people, to lie to the House.
05:58It's the worst abuse of prosecutorial power in the history of the United States.
06:03And all I have to say is, I'm glad you failed.
06:05I don't know what our democracy would be like if you had succeeded in your effort to interfere in the
06:12workings of a presidential election.
06:14If it were up to me, I'd charge you with perjury.
06:16But you should certainly be disbarred.
06:19And I can only pray that nothing like this will ever happen again in the United States of America.