Recently released communications reveal that JP Cooney, who served as principal deputy prosecutor to former special counsel Jack Smith, expressed support for repealing the Constitution’s Speech‑or‑Debate Clause. In a 2021 exchange obtained by the Washington Examiner, Cooney wrote to colleague Molly Gaston, “I’m an advocate for repealing the clause but absent that, we’re stuck with it and the way it’s been interpreted.”
Republican officials demand accountability
Senate Judiciary Committee Chairman Sen. Chuck Grassley (R‑Iowa) told Fox News Digital that the documents show Cooney’s disdain for the clause, which shields members of Congress from civil or criminal prosecution for legislative acts and speech. Grassley added that both Cooney and Smith later obtained toll records and text messages from dozens of lawmakers, a move he described as a violation of the constitutional safeguard.
During a recent hearing, Grassley pressed Smith on the issue, asking, “When you became Special Counsel, what direction did you give your staff to handle Speech‑or‑Debate and Attorney‑Client material?” Smith responded that his team took the clause seriously and consulted the public integrity section when needed.
Subpoenas and controversy
Republicans argue that Cooney’s views foreshadowed Smith’s later use of subpoenas targeting congressional communications. The investigation obtained records from a broad group of lawmakers, including Senators Grassley, Ron Johnson (R‑Wis.), John Cornyn (R‑Tex.), Josh Hawley (R‑Mo.), Mike Lee (R‑Utah), Cory Booker (D‑N.J.) and the late Lindsey Graham (R‑S.C.).
In 2023, Grassley noted that Cooney, Gaston, and others were warned that subpoenaing congressional information could breach the Speech‑or‑Debate Clause. Cooney later called statutory restrictions on obtaining lawmakers’ telephone records “ridiculous.”
Current employment and perspective
Cooney now works for Democracy Forward, an advocacy group that announced his hiring alongside Gaston. Their press release highlighted a commitment to holding powerful figures accountable for public corruption and civil‑rights abuses, and criticized what they described as the Trump administration’s “de‑prioritization” of public‑corruption enforcement.
While Republicans label Smith’s investigation as a partisan witch hunt, Smith maintains his office acted impartially and in the nation’s best interests, especially regarding attempts to overturn the 2020 election and the handling of classified documents involving President Donald Trump.
Original reporting: Fox News (HLL/CB) — read the source article.