Top investigator in Biden-era election probe wanted to tear key constitutional right away from lawmakers

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Brief Summary

Newly uncovered internal communications reveal that JP Cooney, a top deputy to Special Counsel Jack Smith, openly expressed contempt for the Speech or Debate Clause—the very constitutional protection designed to keep Congress independent from the executive branch. While Cooney publicly maintained a facade of legal propriety, his private dismissal of these protections as 'ridiculous' appears to have set the tone for a legal strategy that saw Smith’s team aggressively subpoenaing the private data and communications of numerous sitting senators and representatives.

Why This Matters

This isn't just bureaucratic posturing; it signals a fundamental shift in how the executive branch views its own power relative to elected lawmakers. When high-level prosecutors view constitutional guardrails as mere inconveniences to be dismantled, the separation of powers ceases to be a functional check and becomes a target. If the executive branch successfully establishes the precedent that it can bypass the Speech or Debate Clause to surveil members of Congress, it effectively gains the power to intimidate the legislative branch into submission, stripping away the accountability that prevents government overreach.

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