During a Senate hearing, Senator John Kennedy questioned Department of Justice officials about the legal procedures required to obtain phone records of sitting U.S. senators, explaining that law enforcement must demonstrate 'probable cause' or 'good cause' through a subpoena duces tecum, and that telecommunications companies have the right to challenge such subpoenas by filing a motion to quash, raising important questions about government transparency and oversight in criminal investigations.
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"Answer Me Now": When John Kennedy Grills Pam Bondi Over Jeffrey Epstein Mystery本站添加:
Justice Department, but the Americans people spoke loud and clear when they overwhelmingly elected him. The two-tier system of justice is over.
>> Senator Kennedy.
>> Me?
>> Yes, >> General. Welcome.
Um, let's suppose that I'm appointed special counsel at the Department of Justice and um I go to the to the telecommunication companies, the phone companies. Let's let's let's single out AT&T. And I say, "Look, I know you're busy, but I want to see the a copy of the phone records of a sitting United States senator.
Uh they're they're not going to just give them to me, are they?"
>> No, Senator, of course not.
>> In fact, they're probably going to ask me what what planet I just parachuted in from, aren't they?
>> Yes, Senator.
>> They're going to tell me to come back with a subpoena, aren't they?
>> Yes, Senator.
>> Okay. Um, what do I have to show in that subpoena to get those phone records of a sitting Did I mention it was a sitting United States senator? I can't remember. What What do I have to show to get a the phone records of a sitting United States senator?
>> Yeah, Senator, there were actually eight sitting United States senator. And you would have to have cause.
>> I'm sorry. What do I have to show?
>> You would have to have cause to get this.
>> Good cause or probable cause? probable cause.
>> Okay. Um and and uh prob probable cause or or if it's a subpoena ducus takum good cause to show what >> you would need good cause for a subpoena ducus tum. And what you would have to show is that you believed a crime had been committed or that there was a possibility of a crime or that could lead to other crimes. We frequently in criminal enterprises subpoena >> by the sitting United States senator.
>> Senator, they would have to have believed you were part of a criminal conspiracy is my understanding.
>> What would a judge have to sign off on it >> on the on the subpoena?
>> Yes, senator.
>> Well, for a subpoena dueum, Jock Smith probably took it straight to the judge.
Now, the the phone companies, particularly their general counsel, if they're worried about civil liability, even with a subpoena to get the phone records of a sitting United States senator. Did Did I mention it was a sitting United States senator?
>> Yes, senator.
the general counsel for that phone company, let's say AT&T, they they have the right to seek to quash that subpoena, don't they?
>> Phone companies frequently do that.
>> Yeah.
And and a smart general counsel for that phone company is going to call the sitting United States senator and say, "Would you like to weigh in on this? Would you like me to quash the subpoena?
Uh, we're we're we're talking about invading someone's privacy here by a sitting United States senator.
>> Could Could the general counsel for the phone company do that?
>> Well, Senator, if they believe that a crime could have been committed, they could not tip off the person who committed the crime. Um, again, I can't comment on details of this particular case. I'm I'm I'm just asking you theoretically.
>> I've I've never seen you commit a crime, >> but but let's suppose, okay, they couldn't they didn't want to tip off the sitting United States senator, but the phone company and the general counsel for the phone company are companies, if there were more than one involved, could say, you know, this is th this is serious as an aneurysm. This is serious as four heart attacks and a stroke. This is a United sitting United States senator. So, general counsel would likely advise the CEO. You need to file a motion to quash. The telephone companies could have contested those subpoenas, could they not?
>> Hypothetically, yes. I can't talk about the facts of [clears throat] this particular case.
>> We're talking hypothetical.
>> Senator, subpoenas are issued all the time through phone companies working with the general counsel, >> but they can file a motion to quash.
>> They could. Yes.
>> Yeah. In any case, >> and and if they should have filed a motion to quash and a reasonable person would have filed a motion to quash because this is a sitting United States senator and they didn't file a motion to quash.
They would incur civil liability, wouldn't they?
Senator, typically phone companies follow a subpoena from a United States.
>> I know they do, but they don't have to.
>> They could challenge it, Senator.
>> Yeah. And if they don't challenge it, they better have a damn good reason.
Right.
>> Right, >> Senator. I can't talk about the facts of this particular >> This is just a hypothetical.
>> In general, hypo hypothetically, Senator, maybe they didn't recognize any of the names of the eight sitting United States senators.
>> Uhhuh. Hypothetically.
>> That was a joke.
Or maybe they should have gone to Amazon and buy some testicles online instead of just saying, "Sure, I'll just show you the phone records of a sitting United States senator on the basis of an administrative subpoena."
Now, do you have do you have copies of the subpoena applications >> for these eight?
>> Senator, I can't discuss anything regarding this.
>> You can't even tell me if you have copies.
>> I can't discuss any of this. When are you going to uh General When are you going to be able to discuss it?
>> I can't discuss whether there is or is not a pending investigation brought to light. If there is a pending investigation, I don't want this to get swept under the rug. Okay? Because I think you're going to get pushed back from all quarters. I think the telecommunication companies are going to be all over you like a bad rash because they've got liability here for just turning over these records when they knew what was going on.
I think some FBI agents may have some liability here. I think a special counsel might have some liability here.
If I were your special counsel and you had appointed me and I wanted to get the the the records of a sitting United States senator, is that something you would expect me to tell you as attorney general of the United States?
>> They better have.
>> Yeah.
>> And do we know in this instance of the eight sitting United States senators if they told Attorney General Garland?
Senator, I just learned about this um very recently as did Director Patel and we cannot discuss the details. I don't know many of >> Well, maybe we ought to get Attorney General Garland here.
>> Do do you know if the uh m the uh the the uh special counsel told FBI direct director Ray, is that something? Let me put it another way. If I were your special counsel and you were the director of the FBI and I'm I'm trying to get the phone records of a sitting United States senator, did I mention it was a sitting United States senator? Is that something that that that you would expect me to tell you as director of the FBI?
>> In general, I would believe the FBI would help execute the subpoenas.
>> Yeah.
>> To the >> Okay. I want to switch to another subject in the in the in the 12 minutes that I have left since everybody else got to go over.
Um, I've got to ask you about this, General.
Secretary Howard Lutnik on October one gave an interview to the New York Post about Mr. Epstein and he described Mr. Epstein as quote the greatest black mailer ever close quote. Have you reviewed that transcript of that interview?
>> I have not reviewed the transcript, but I saw the clip of it.
>> Okay. It it it appears that that Secretary Lutnik uh was was Mr. Epstein's next door neighbor. In fact, their their town homes um shared a wall.
Um and and the uh the reporter that was asking talking to Mr. uh Lutnik uh she asked how how other prominent men could have been associated with Epstein when Mr. Lutnik could immediately sense that he was a quote pervert.
And then Secretary Leutnik said or rather the reporter said did they see it and ignore it? Do you remember that from the interview?
>> I do.
And commerce secretary let said no they participated.
And then commerce secretary goes on to say quote that's what his mo was you know get a massage get a massage.
And what happened in that massage room I assume was a video.
This guy was the greatest black mailer ever. blackmailed people. That's how he had money." End quote.
Is that true?
>> Senator, is our July memo said, "We did not uncover evidence. This case has gone through three administrations as well as former US attorney." I know that, Pam, but have you have you interviewed Secretary Lutnik?
>> No, Senator. Do you plan to >> if he wants to talk to the FBI or the FBI wants to talk to him? That is more than on.
>> Don't you think you ought to talk to him after this interview?
>> Senator, if if Howard Lutnik wants to speak to the FBI and if Director Patel wants to speak to Howard Letic.
Absolutely.
>> Okay. Maybe we ought to get Mr. Letick in here too. Mr. Chairman, >> Senator Booker.
>> Thank you.
Thank you, Mr. Chairman. Attorney General, I know there's been a lot of talk about grants. I hate to bring you through this again, but it's really important to my state. New Jersey is one of the top four donor states in America, which means
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