Rep. Gill Exposes Jack Smith’s Lies Over Kevin McCarthy Phone Record Subpoenas

Rep. Gill Exposes Jack Smith’s Lies Over Kevin McCarthy Phone Record Subpoenas

Rep. Brandon Gill (R-TX) called out former Special Counsel Jack Smith over subpoenas of former Speaker of the House Kevin McCarthy’s phone records during the J6 investigation, exposing many lies and leaving Smith speechless.

Smith admitted that the subpoena for McCarthy’s toll records covered the period from November 2020 to January 2021.

Toll records show what phone numbers were called, the time, and the duration. The records do not show the content.

The Texas representative centered his questioning around ArtI.S6.C1.1.3 Speech and Debate Privilege:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Gill pointed out that Smith received the subpoena in January 2023, only 16 days after McCarthy became Speaker of the House.

Gill asked, “Do you agree that that might reasonably be considered a violation of the Speech or Debate Clause?”

Smith said no. Gill disagreed:

You were collecting months worth of phone data on the Republican Speaker of the House, the leader of the opposition, right after he got sworn in as speaker, all around the time of a major vote, that sounds like a flagrant violation of the speech or Debate Clause to me, and I think most people agree with me and speaker McCarthy had no recourse, did he? Because you issued a non disclosure order ensuring that neither he nor any of the American people knew about these subpoenas. Is that right?

Again, Smith tried to argue that his subpoenas did not violate the Debate Clause.

Gill whipped out the receipts:

GILL: Your own analysis says that you knew there was a risk you were violating the speech or Debate Clause. I have it right here. This is an email from John Keller at Public Integrity section to your team as you are aware. Quote: “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 DC Circuit.” That’s from your own analysis, right there. So you did know, didn’t you?

SMITH: Sir, with respect to the item you just put up on the screen, the last sentence states…

GILL: We’re going to get to the last sentence. Okay, we’re going to get to the last sentence. And you cite case law in here. Quote: “the bar on compelled disclosure is absolute.” Is right? Is that right? Or do you think that you didn’t have to abide by that precedent?

SMITH: To be clear, this is not this statement is not from my office. This is the statement…

SMITH: This is your justification for those subpoenas that you ordered. This was part of your analysis. It’s a cursory analysis, I think it’s worth noting.

Let’s get to that last sentence, then. Quote: “Given my understanding of the low likelihood that any of the members listed below would be charged, the litigation risk should be minimal here.”

In other words, you’re using a novel legal theory, which you knew was novel, has never been tested by any court. You’re not charging any of these members. Nobody’s going to know about it because you issued NDOs, nobody’s going to sue about it. So sue this. So who cares? We’re going to do it anyways. We walked all over the Constitution throughout this entire process, and you know it, it’s absolutely disgraceful.

Now let’s talk about the non-disclosure orders (NDOs) that Smith and his team used to ensure no one told the lawmakers about the spying.

To gain the NDO, Smith and his team claimed McCarthy was a flight risk.

When you hear ‘flight risk,’ do you think the officials believe the person will catch a plane and fly to a country that does not have an extradition agreement with America, right?

That’s a flight risk. Gill even asked Smith, “You think he’s going to hop on a plane and leave the country?”

Well, Smith did not think McCarthy was an actual flight risk. Smith justified: “The risks aren’t necessarily associated with this subscriber to the phone. The risks are to the investigation.”

Um, what?

Gill did not fall for the excuse. He quickly pointed out the absurdity of Smith’s answer:

I think that you were using this is clearly in reference to Speaker McCarthy, and you were using, clearly false information to secure a non disclosure order to hide from Speaker McCarthy and from the American people, the fact that you were spying on his toll records. But I’ve got more more. So let’s move on. In May of 2023 you also issued subpoenas for Toll records of nine US senators and an additional representative. Is that, right?

🔥🚨 BREAKING: HOLY CRAP! Rep. Brandon Gill (R-TX) absolutely BOMBS Jack Smith… Leaves him speechless…

GILL: "In January of 2023, did you subpoena Kevin McCarthy's toll records?"

SMITH: "We did."

GILL: "How many days after Kevin Mccarthy was sworn in as speaker did you… pic.twitter.com/wVRAdtPXTS

— The Patriot Oasis™ (@ThePatriotOasis) January 22, 2026

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