To begin, I think Daniel Reed did a really good job in regard to the technique employed by the Congressman. I also believe an important answer or best said attempted answer by Smith was missed. So, I would like to expand ever so slightly on the commentary.
At one point, a person (male voice) in the gallery states, “Let him answer.” The attempted railroading by the politician was so obvious a person in attendance was upset by the lack of allowances to achieve a full answer from Jack Smith.
Normally these Congressional hearings are designed to gather facts, to contribute to debate on the House or Senate floor, and to bring facts and strengthen laws passed by the legislative branches. But, considering politicians are at times unwilling to achieve that goal this episode in Jack Smith’s life occurred.
That is a minor point to this entry.
I think naming the technique of railroading is as important to the analysis itself. The name provides a tool for Americans to organize their thoughts. Naming the tool empowers organized thought of complicated topics and streamlines understanding. It prejudices such immoral techniques that lie within the First Amendment.
But.
As to the missed complete answer.
At one point Jack Smith is stating the use of good prosecution techniques of which he received permission to use. Smith used prosecutorial integrity of the case in the chance important information was obtained. In Smith’s attempted statement that begins at time mark 2:03 he is trying to bring understanding to the politician making the speech.
I believe Smith is trying to bring reality to the fact toll records (meta data) have two sides. There is the McCarthy telephone record, but, there is also the other side of the phone record. There is the caller. An investigation can achieve great strides by ascertaining the identity of the callers. Once the callers can be identified the investigation then pivots away from the trusted member of Congress to an investigation of callers that may be seeking favors of Congress which are illegal. The phone records of McCarthy would hold the identity of people seeking power of the Speaker that would lead to a breech of the Rule of Law.
The non-disclosure attached to the subpoena is important to prevent erasure of vital records to advance an investigation. At the time McCarthy had just come into the power of Speaker. Smith was protecting the Speakership, hence, the Speaker from corrupting influence. That corrupting influence was known to be attempting to assault the USA Constitution.
When a very competent investigator is protecting the USA Constitution the personal identity of the Speaker disappears and is replaced by the uncorrupted stability of the USA Constitution. Smith wasn’t seeking to damage McCarthy, he was protecting the founding document of this country. Smith took an oath. He took an oath to the USA Constitution not a personality. Jack Smith was doing his job in loyalty to every law abiding citizen in this country and is above scrutiny.
It is noteworthy the politician is corrupting the Rule of Law by injecting railroading into the Congressional Record. There should be an ethics complaint filed by another Congressperson of the politician invoking railroading. Keeping them honest is important.
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