Sen. Bill Hagerty Files Complaint Against Jack Smith
Senator Bill Hagerty (R-TN) has lodged a formal complaint against Jack Smith, the former special counsel behind two federal indictments of President Donald Trump. Hagerty has characterized Smith as a “partisan actor” and asserted that his behavior as a prosecutor has harmed the integrity of the constitutional system.
“I filed a bar complaint against Jack Smith this morning,” Hagerty shared in a post on X. He expressed strong feelings about the matter, saying, “He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order. He should never be able to practice law again.”
In his formal letter addressed to R. Culver Schmid, the Chairman of the Board of Professional Responsibility of the Supreme Court of Tennessee, Hagerty stated, “I am submitting a formal complaint of serious misconduct by John ‘Jack’ Luman Smith.”
The senator went on to detail how he believes Smith breached the Rules of Professional Conduct. Specifically, he claimed that Smith sought a nondisclosure order from a federal court without presenting key information relevant to the case. Hagerty argued that this lack of transparency violated federal regulations and intruded upon the constitutional privileges necessary for a free legislative process.
He emphasized that the Constitution safeguards congressional members’ official communications, and Smith’s failure to inform the court about critical elements was inappropriate. “During the Biden administration, Jack Smith served as Special Counsel in the U.S. Department of Justice. In that role, he sent a subpoena to Verizon, my cell phone provider,” Hagerty added.
Hagerty contended that the subpoena was backed by a secret court order and did not acknowledge the constitutional protections that apply to congressional phone records. He lamented not having the chance to challenge the subpoena due to a nondisclosure order that prohibited Verizon from notifying him or anyone else, coupled with a threat from Smith regarding obstruction of justice.
Additionally, he pointed out that the nondisclosure order issued by District of D.C. Chief Judge James Boasberg failed to mention the Speech or Debate Clause, which requires notification when legislative information is requested, or that the records belonged to congressional members.
Hagerty accused Smith of omitting facts that would have indicated a legislative-privilege concern and noted that Smith seemingly crafted the order himself, which was then signed by the judge.
Furthermore, he highlighted that Smith had acknowledged that such a gag order could prevent those who would wish to contest a subpoena from becoming aware of it. “That was certainly true in this case, for undoubtedly I (and my colleagues) would have vigorously opposed his subpoena had we only known about it,” Hagerty stated.
He contended that Congress’s legislative privileges were severely violated when Verizon complied with the subpoena and released his records. Hagerty wrapped up by underscoring Smith’s failure to adhere to the Rules of Professional Conduct, insisting that attorneys must disclose significant information to a judge, especially when the other party is not present.
He further explained that a lawyer is obliged to present the judge with any critical facts, even if those facts could detract from their case, allowing for a comprehensive understanding of the situation.
“The fact that the subpoena to Verizon sought the phone records of members of Congress likely to involve communications concerning legislative acts was undoubtedly material, yet Smith did not disclose it,” he noted.
In closing, Hagerty expressed, “Jack Smith’s lack of candor before a federal tribunal directly resulted in injury to the United States Congress. The Board should investigate and pursue the most serious remedy possible — disbarment — given the severity of Smith’s actions; the total deprivation of legal recourse for congressional members; the broader implications for our constitutional framework; and his evident lack of remorse.”
It was also reported that Smith’s team had obtained internal communications involving numerous journalists and Trump administration officials amid the federal investigation concerning Trump. On Tuesday, Smith appeared before the Senate Judiciary Committee, where discussions unfolded regarding the investigation.
