Top Investigator in Biden-Era Election Probe Wanted to Repeal Key Constitutional Right for Lawmakers

A Senate Republican has alleged that a man who once sought to take away a key constitutional right from lawmakers is now leading a team that used subpoenas to seize records from dozens of lawmakers as part of the Biden-era election investigation.

JP Cooney, the principal deputy prosecutor under former special counsel Jack Smith, wrote in a 2021 exchange that he was an advocate for repealing the Constitution’s Speech or Debate Clause but acknowledged they were “stuck with it and the way it’s been interpreted.” The clause protects members of Congress from civil or criminal prosecution stemming from their legislative actions or speech.

Sen. Chuck Grassley, R-Iowa, told Fox News Digital that Cooney “flaunted his disdain for the Speech or Debate Clause” and that Cooney and Smith later “violated this constitutional safeguard by secretly obtaining toll records and text messages from dozens of members of Congress.”

Grassley’s Question

During Smith’s Tuesday hearing on Capitol Hill, Grassley asked Smith directly about directions he gave his staff regarding the Speech or Debate Clause, citing Cooney’s support for repealing it.

Smith said he viewed his duties under the Speech or Debate Clause seriously, pointing out that it is “an important part of the separation of powers,” and that his staff had worked in the public integrity section for years, consulting with it when appropriate.

Grassley dismissed Smith’s defense by arguing that the behavior of his staff contradicted Smith’s statement.

Lawmakers Caught Up

The team led by Smith gathered and examined messages tied to a large number of lawmakers, among them Sens. Chuck Grassley, Ron Johnson, John Cornyn, Josh Hawley, Mike Lee, Cory Booker, and the late Lindsey Graham.

According to Grassley, Cooney, Gaston, Windom and Ray Hulser received a warning that subpoenaing congressional information could run afoul of the Speech or Debate clause, in 2023.

During a separate 2021 probe, Cooney expressed frustration over legal barriers tied to attempts at securing lawmakers’ telephone records, describing the language as “ridiculous,” based on previously released messages.

Cooney’s Background

Fox News Digital was directed to a press release announcing the hiring of Cooney and Gaston when it sought Democracy Forward’s stance on the Speech or Debate Clause.

Cooney and Gaston said in the release that they had spent years “holding the most powerful accountable for public corruption and civil rights abuses” and joined Democracy Forward amid what they characterized as the Trump administration’s “de-prioritization” of public corruption enforcement.

Republicans have argued Cooney’s views foreshadowed Smith’s later use of subpoenas for lawmakers’ communication records.

The 2023 Warnings

Warnings that subpoenaing congressional information might run afoul of the Speech or Debate clause were handed to Cooney, Gaston, Windom and Ray Hulser in 2023.

Cooney had earlier complained about statutory restrictions surrounding efforts to obtain lawmakers’ telephone records during a separate 2021 investigation, at one point calling the language “ridiculous,” according to previously released messages.

What Happens Next

At issue is whether Smith’s team stayed inside legal boundaries while taking records from lawmakers. The senators contend the person pushing for the clause’s removal was the one directing the operation.

1. Cooney wrote in 2021 that he wanted to repeal the Speech or Debate Clause.
2. Smith’s team secretly obtained toll records and text messages from dozens of lawmakers.
3. Grassley cited Cooney’s views during Smith’s hearing.
4. Smith defended his staff’s work on the public integrity section.
5. Grassley argued the staff’s actions contradicted Smith’s statements.

The Separation of Powers

The purpose of the Speech or Debate Clause is to shield the legislature from being intimidated by the executive branch through legal coercion.

Public attention has now focused on the tension between probing public corruption and preserving the rights of elected officials.

“Flaunted his disdain for the Speech or Debate Clause”

Source material: “Top investigator in Biden-era election probe wanted to tear key constitutional right away from lawmakers,” Fox News.

Congress · GOP Senators · JP Cooney · Matt Morgan Smith · Speech or Debate Clause