At today's House Judiciary Committee hearing, Rep. Jim Jordan (R-OH) grilled AG Merrick Garland about Special Counsel Jack Smith.
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NewsTranscript
00:00 Thank you.
00:01 Gentlemen, yields back.
00:02 Mr. Garland, why?
00:03 Why Jack Smith?
00:04 Why'd you pick him?
00:05 I've said at the time I appointed Mr. Smith, I explained he was independent.
00:13 He was a longtime career prosecutor with.
00:17 There are probably other people who you would describe as independent, longtime career prosecutor.
00:20 Why did you pick this?
00:21 It's probably the most high profile special counsel investigation, maybe in American history.
00:25 You're going to be investigating a former president, a candidate for president and leading
00:29 in all the polls and you pick Jack Smith.
00:33 Most important selection maybe ever made from attorney general when you come to a special
00:36 counsel.
00:37 I just want to know why you could have picked former AGs, deputy AGs, US attorneys.
00:42 You got all kinds of lawyers in this town, but you pick Jack Smith.
00:45 All the people you just mentioned were political, would be political appointees.
00:49 I appointed somebody who was not a political appointee, somebody who was independent, nonpartisan
00:55 with a record of career experience as a prosecutor.
00:58 That seemed to me the perfect resume for making that kind of.
01:02 He was a guy, you guy, guy worked, you had to bring him back from Europe.
01:05 He worked at the ICC, worked at the World Court.
01:07 He was the best pick for the most high profile investigation ever.
01:12 He was independent.
01:13 He was nonpartisan.
01:14 He had never held a political office.
01:15 He was never appointed in a political office.
01:18 Is he your first choice?
01:19 He had a long career as a career prosecutor.
01:20 Is he your first choice?
01:22 I'm not going to go into the questions.
01:25 Did you know him before you picked him?
01:26 I did not.
01:27 You never worked with him?
01:28 I did not.
01:29 Did you meet with him prior to announcing his selection and telling him what was going
01:32 on?
01:33 Of course I did.
01:34 What happened in that meeting?
01:35 I met with him.
01:36 I asked him if he would be willing to do this.
01:37 We talked about my understandings of the role of this office, which are on the public record.
01:43 That's all.
01:44 Did he ask for the job?
01:49 This is not a job I don't think anybody asks for.
01:51 I'm sorry.
01:52 No, but that's not the question I asked you.
01:53 I said, did Jack Smith ask for the job?
01:55 He did not ask me for the job, no.
01:57 Did he convey through someone else that he wanted the job?
02:00 I would be surprised if that were the case, but I don't know.
02:02 You don't know?
02:03 No, I don't know.
02:05 So he may have?
02:07 I can only tell you what I know.
02:09 I chose him because he had a record of impartial career experience as a prosecutor.
02:16 That's why he was chosen.
02:18 Was it impartial when he went after Governor McDonnell?
02:20 He was a member of the-
02:21 It was after Governor McDonnell, that case gets appealed to the Supreme Court.
02:24 The Supreme Court unanimously said it was wrong and overturns the conviction?
02:28 He was in the public integrity section of the Justice Department, a career position.
02:34 They made the decisions they thought were warranted, and we respect the decision of
02:38 the Supreme Court.
02:39 Did the fact that he was interested in going after the very people who were targeted by
02:42 the IRS about a decade ago, did that have any influence on your selection?
02:46 Let's put up this slide here.
02:48 This is from Jack Smith to some other folks in the Justice Department, and it says, "Could
02:54 we ever charge a conspiracy to violate laws of the U.S. for misuse of such non-profits
02:59 to get around existing campaign finance laws?"
03:02 Jack Smith was looking to prosecute the very people who were targeted by the Obama IRS.
03:09 I don't know.
03:10 You have excerpts from an email I've never seen.
03:13 You should know that I said-
03:14 IRS Commissioner Sarah- I'm just asking this way into your decision.
03:16 Did you know about this-
03:17 No.
03:18 No.
03:19 I don't know if it's- I also don't know if it's true now.
03:22 IRS Commissioner Sarah Ingram oversees this from Jack Smith himself.
03:25 Let's discuss tomorrow, but maybe we should try to set up a meeting this week.
03:28 Here's the response.
03:29 Here's the response.
03:30 You didn't get your meeting with Ms. Ingram from the IRS, but she's sitting ahead of the
03:34 exempt organizations.
03:35 Lois Lerner is known to us.
03:37 Jack Smith meeting with Lois Lerner, looking for ways to prosecute the very people who
03:40 were victims of the Obama IRS.
03:43 I'm just asking, did that factor in your decision to name Jack Smith as special counsel?
03:48 I didn't have any idea about the things-
03:50 You didn't know about that.
03:51 I didn't know, and I don't know whether they're true now by looking at this.
03:54 They're definitely true, but you didn't know about it.
03:57 This guy was so important, you have to bring him from Europe back here to go after President
04:00 Trump, name him as a special counsel.
04:03 Do you regret the pick?
04:04 I'm sorry, I couldn't-
04:05 Do you regret picking him?
04:06 No, I do not regret picking him.
04:09 Well, prosecutors aren't supposed to tamper with evidence, and it looks like that's what
04:11 he did.
04:13 He changed the sequence of the documents that he seized from Mar-a-Lago.
04:17 I'm sorry, that's a false characterization, but that is-
04:20 Here's what he said to the court, Mr. Attorney General.
04:23 There are some boxes where the order of items within the box is not the same as in the associated
04:27 scans.
04:28 I mean, he said it.
04:29 I didn't say it.
04:30 He told the court that.
04:31 Now you're asking me to comment on a discovery dispute that's going on, going in a court?
04:35 I don't know the facts of it, and I'm not going to comment on it.
04:37 No, this is from Jack Smith filing with the court.
04:39 He admitted to the court that they tamper with the evidence.
04:42 He mishandled the very documents he's charging President Trump with mishandling, and I'm
04:45 just asking, do you regret picking this guy as the special counsel in the most important
04:49 special counsel investigation probably in American history?
04:52 I'm sorry, I did not hear the words "tamper" in the statement that Mr. Smith filed.
04:57 He did not use those words.
04:58 Well, let me ask you this.
04:59 I'm going to leave that to-
05:00 Are you supposed to change the order of the documents that you seized, and the physical
05:03 documents don't match up with the scanned documents?
05:05 Are you supposed to do that as a prosecutor?
05:07 This is a matter in dispute, in discovery, in that court, and I'm going to leave it for
05:11 the district court to make a determination after-
05:13 I'll just say one last thing.
05:14 The district court makes a determination-
05:15 It's not in dispute.
05:16 This is what he said in the court filing.
05:18 Jack Smith's team said that to the judge in the court.
05:22 By the way, this case is now basically on hold because they've screwed up so many things.
05:26 Again, I don't know whether your description of the facts are true or not true, and I'm
05:30 not going to intrude in a decision in a district court.
05:34 The chair recognizes the gentleman from California.