Legal analyst Margot Cleveland testified before a Senate subcommittee, outlining what she described as extensive constitutional violations tied to the Arctic Frost investigation following the 2020 election, while criticizing Special Counsel Jack Smith and members of his team.
“Chairman Cruz, Ranking Member Whitehouse and members of the subcommittee. Thank you for the opportunity to testify concerning the grave constitutional violations inflicted as part of Arctic frost after the 2020 election,” Cleveland said in her opening remarks.
Cleveland stated that the origins of the investigation stemmed from actions by an FBI agent.
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“An anti Trump FBI agent named Tim Tybalt attempted to use the Justice Department to destroy the president Tybalt. Efforts led to the launch of Arctic frost soon after Merrick Garland tapped Jack Smith, a hyper aggressive prosecutor known to over stretch the meaning and intent of the law to serve as Special Counsel,” she said.
She argued that Smith pursued legal theories that were later rejected by the Supreme Court.
“Smith proved himself True to form, indicting Trump for allegedly violating a statute enacted in the aftermath of Enron based in part on a theory of criminal liability the Supreme Court would later hold invalid,” Cleveland said.
Cleveland also stated, “The Supreme Court would later also hold Smith’s efforts to prosecute Trump for actions that fell within the President’s official duties.”
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Cleveland criticized the composition of Smith’s team, naming JP Cooney and Ray Hulser.
“Beyond being a partisan in his own right, Smith stacked his team with partisan Democrats such as JP Cooney and Ray Hulser,” she said.
She described Cooney’s past actions in connection to the Roger Stone case.
“Cooney crafted an outrageous sentencing memorandum that sought to send Trump advisor Roger Stone to prison for Seven to nine years,” Cleveland said, adding, “Cooney sentencing recommendations were so unhinged that the then Attorney General, William Barr, intervened.”
Cleveland said Cooney responded by spreading allegations against Justice Department leadership, which led to further review.
“The IG cleared the Trump administration, but chastised Cooney,” she said.
Regarding Hulser, Cleveland described decisions tied to prior investigations.
“Hulser, for his part, discriminated demonstrated his partisan proclivities when he headed up the Public Integrity section and refused the FBI Request to open investigation into the Clinton Foundation,” Cleveland said.
She further alleged that information was withheld from prosecutors.
“He withheld a six page timeline of the Clinton Foundation investigation from the then US Attorney operating out of little rocket. Instead, he provided an abbreviated two page summary that omitted all references to interference from the DOJ and the FBI leadership,” she said.
Cleveland contrasted that with actions taken in investigations related to President Trump.
“When the target was Trump, Hulser, along with Cooney, drafted a memorandum to justify subpoena the toll records of about a dozen members of Congress notwithstanding internal email discussions acknowledging a clear speech or Debate Clause problem,” she said.
She added that records were concealed through internal systems.
“They then hid the details of those subpoenas using the prohibited access functionality of Sentinel, which ghosted the FBI records,” Cleveland said.
Cleveland listed several lawmakers whose records were obtained.
“Smith approved the subpoenas and obtained the toll records of Senators Blackburn, Graham, Haggerty, Hawley Loomis, Johnson, Kennedy, Scott, Sullivan and Tuberville. Only Senator Cruz escaped the invasion into his privacy and the violation of the speech or Debate Clause because his cell phone provider questioned the subpoena,” she said.
She also referenced a non-disclosure order sought from a federal judge.
“You also know that Smith’s team sought a non disclosure order from Chief Judge James Boasberg, apparently without informing him that the targets were members of Congress,” Cleveland said.
She questioned the court’s handling of the matter.
“Judge Boasberg has still failed to order Smith and his prosecutors to show cause for why they should not be held in contempt for concealing the members of Congress were the ones who were being targeted,” she said.
Cleveland further alleged additional subpoenas targeting political figures and organizations.
“He went further, and he subpoenaed the toll records of Kevin McCarthy, former speaker, and Chairman Jim Jordan, again under cover of a non disclosure order,” she said.
“Add to that, the hundreds more served on individual Republicans, including Trump’s attorneys, Republican organizations such as Charlie Kirk’s Turning Point USA.”
She said financial records were also obtained.
“They didn’t seek merely toll records, but also bank records, which unveiled revealed the donor base,” Cleveland said.
Cleveland concluded by outlining what she described as multiple constitutional violations tied to the investigation.
“The breadth of these constitutional intrusions is unprecedented, but to recap, Smith, unconstitutionally, was appointed special counsel in violation of the appointments clause. The subpoenas at the toll records violated the speech or Debate Clause, the vast and unjustified subpoenas to Republicans and the organizations that were connected to them violated the First Amendment associational rights. The targeting of Trump’s attorneys implicates the Sixth Amendment right to counsel, and using prohibited access to bury records is a huge due process violation that raises potential violations of Brady Smith and his team must be held accountable. Thank you,” she said.
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