Former Special Counsel Jack Smith told Congress that his investigators obtained a court order to reach records of advertising purchases on Fox News.
Smith made the disclosure while testifying before lawmakers, and Senator Ted Cruz (R-TX) drew it out with a series of pointed questions.
Congress brought Smith in to explain the many subpoenas his office issued to Republican lawmakers, voters and organizations.
Those subpoenas grew out of his investigations of President Donald Trump and the 2020 election.
Cruz put the reach of that effort at more than 400 Republicans and conservative organizations. He then went name by name.
His first target was Turning Point USA. “Did your team subpoena Turning Point USA?” Cruz asked.
Smith gave no direct answer. He said he did not recall, and he added that he could walk through a number of different subpoenas if he could look at the records.
Cruz tested that response with a challenge and a second name.
“Do you have any idea who you subpoenaed? Can you name one? All right, let me help you. Did your team subpoena the Conservative Partnership Institute?” Cruz asked.
This time, Smith did remember. He said he recalled the subpoenas to the group, known as CPI, and then said he could “explain” them. Cruz kept going.
The senator’s next question moved from advocacy groups to the news business. “Did your team’s … subpoenas demand communications with Fox News?” Cruz asked.
Smith said the subpoenas did seek such material. “The subpoenas that we issued did ask for communication regarding ad buys because it was relevant to the false statements we were investigating,” Smith claimed.
Smith did not describe those false statements during this portion of the hearing.
Cruz answered by restating Smith’s position in his own words. “Purchasing advertising on a news agency, you somehow believe is criminal,” Cruz said.
Smith’s court order for the Fox News ad purchase records was the first time he had acknowledged that step before Congress.
Cruz then asked whether Smith’s team had also demanded donor information and fundraising data from the groups it targeted.
Smith said he did not know. “I do not recall because I’ve not seen those subpoenas in a very long time,” he said.
Throughout the exchange, Smith pointed to the time that had passed and to the fact that the subpoenas were not in front of him.
Cruz kept his questions narrow, asking about individual organizations and individual kinds of records.
In a matter of minutes, the questioning covered three subjects: conservative advocacy groups, communications with a major news network, and the donor and fundraising records of political organizations.
Smith held the special counsel post while his office ran several wide-ranging investigations connected to the 2020 election. Trump was the central figure in those cases.
The hearing added to the testimony Smith has given on how his office carried out that work. Lawmakers continue to press for answers about the scope of the subpoenas issued under his authority.
