Newly uncovered documents reveal that a principal deputy prosecutor under Special Counsel Jack Smith, J.P. Cooney, previously expressed a strong desire to repeal the Constitution’s Speech or Debate Clause, a protection that shields lawmakers from civil or criminal prosecution related to their legislative actions and speech, thereby safeguarding the separation of powers. Cooney’s 2021 exchange, obtained by the Washington Examiner, shows him stating, “I’m an advocate for repealing the clause but absent that, we’re stuck with it and the way it’s been interpreted,” in discussion with another prosecutor who joined Smith’s team. This stance has drawn sharp criticism from Senate Judiciary Committee Chairman Chuck Grassley, who argues that Cooney’s views foreshadowed and potentially influenced the Special Counsel’s office’s subsequent actions, including the controversial use of subpoenas to obtain toll and text message records from dozens of members of Congress during the investigation into efforts to overturn the 2020 election. Grassley contends that Smith and his team “disgracefully tore up the Constitution” and violated this fundamental safeguard, a point he pressed during a recent hearing where Smith defended his team’s adherence to the clause while acknowledging its importance. Republicans view Cooney’s past advocacy as evidence of a biased approach that disregarded constitutional protections for legislators, contrasting with Smith’s assertion of impartiality and commitment to investigating conduct at the core of constitutional government.
Adapted from: Latest Political News on Fox News
