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Sen. Kennedy Grills Jack Smith: Were You in the Quad Playing Frisbee During Common Law if You Don’t Think that Seeking Phone Records Violated the Speech and Debate Clause?

‘You make me want to throw up in my mouth’

EXCERPT:

KENNEDY: "You are stalling me again, counsel. You know that. You sought just the records of the Republicans. And you knew that violated the speech and debate clause, didn’t you?"
SMITH: "We sought to comply with it."
KENNEDY: "Did you take common law?"
SMITH: "I'm sorry, Senator?"
KENNEDY: "Were you in the quad playing frisbee during common law at Harvard Law School?"
SMITH: "I did take constitutional law, yes."
KENNEDY: "Well, then you had to know it violated the speech and debate clause. In fact, when you went to Judge Boasberg, you didn’t even tell him you were seeking the phone records of members of Congress, did you? Because you knew he wouldn’t agree. He would say, 'Hey, counselor, anybody who knows a law book from a J.Crew catalog knows that this violates the Constitution.’ But you didn’t tell him, did you?”

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