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Cleveland: Jack Smith And His Lawfare Team ‘Must Be Held Accountable’

‘First, Smith was unconstitutionally named Special Counsel, in violation of the Appointments Clause. Second, the subpoenas of Congressional toll records violated the Speech or Debate Clause.’

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The following is the prepared testimony of The Federalist’s Senior Legal Correspondent Margot Cleveland for a March 24 hearing titled “Arctic Frost: A Modern Watergate” before the Senate Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights.

Chairman Cruz, Ranking Member Whitehouse, and Members of the Subcommittee, 

Thank you for the opportunity to testify concerning the grave constitutional violations inflicted as part of the Arctic Frost investigation. 

After the 2020 election, an anti-Trump FBI agent named Tim Thibault attempted to use the justice department to destroy the President. Thibault’s efforts led to the launch of Arctic Frost. Soon after, Merrick Garland tapped Jack Smith, a “hyper-aggressive prosecutor,” known to “overstretch the meaning and intent of the law,” to serve as Special Counsel. 

Smith proved himself true to form, indicting Trump for allegedly violating a statute enacted in the aftermath of Enron, based in part on a theory of criminal liability the Supreme Court would later hold invalid. The Supreme Court would later halt Smith’s efforts to prosecute Trump for actions that fell within the President’s official........

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