We Can Do This Now or In January, Schiff Warns After Republicans BLOCK His Subpoena

[0:00] Senator Schaaf. Thank you, Mr. Chairman. Seeing that we have a quorum, I move for a vote pursuant to Rule 4 of the committee's rules on a subpoena for Volume 2 of Special Counsel Jack Smith's final report, directed at the Department of Justice, which already possesses a final version redacted of grand jury materials. [0:18] I have a resolution that we can vote on requiring production of Volume 2, as previously requested by 10 members of this committee over a year ago. [0:28] Although there is a pending court order in Florida sealing the Volume 2 report, the court order is on appeal with oral arguments scheduled for January 2027. [0:37] The district court's order in that case relied on a woefully inaccurate factual finding that Congress had expressed no formal interest in the report. [0:45] This committee should correct that record as soon as possible. The committee's recent oversight hearing with Jack Smith confirmed the committee's interest from both parties in the conclusions and conduct of the Special Counsel. [0:58] It is, I think, inexcusable. The public still does not know the evidence supporting the criminal charges involving classified documents against President Trump and his co-conspirators. [1:09] This committee has been receiving and releasing documents related to Special Counsel reports, but doing so selectively. [1:16] And the, I think, simple, obvious next step would be to actually release the report. [1:21] So I would urge the committee to join me by voting to subpoena DOJ, reclaim our oversight power. [1:28] And under the committee rules, I'm entitled to a roll call vote on this. [1:33] The request is out of order. [1:36] I'll explain. [1:38] My Democrat colleague, whose fault they have accused my side of violating committee rules, [1:47] have broken the committee rule that the chairman sets the agenda. [1:51] Judge Cannon issued an order that blocks the release of Jack Smith's Volume 2 outside of the Department of Justice. [2:02] Litigation regarding that order is before the Eleventh Circuit without oral arguments scheduled with oral arguments scheduled January 12th. [2:12] Any litigation over a subpoena issued by the committee on this matter wouldn't finalized before the court ruling. [2:24] Judge Cannon noted in her order that, quote, manifest injustice, end of quote, would result from releasing the report. [2:34] Judge Cannon said special counsels have released final reports at the end of their investigation, but noted that, quote, [2:43] the court strains to find a situation in which a former special counsel has released a report after initiating criminal charges that did not result in a finding of guilt, [3:00] at least not in a situation like this one where the defendants contested the charges from the outset and still proclaim their innocence, end of quote. [3:12] As Judge Cannon noted in her order, President Trump and the other defendants in the case, quote, [3:22] still enjoyed the presumption of innocence, held sank in her constitutional order, end of quote. [3:31] In this instance, what Judge Cannon said is precisely for now all Congress with record after record. [3:42] I've shown Jack Smith and his staff were politically weaponized. [3:49] As one example, Smith's deputy wanted to prosecute any nun wearing a head habit. [3:56] Another example, Smith's operation intentionally circumvented the speech and debate clause of the Constitution. [4:07] I've also made public government emails showing officials had concerns about proceeding with classified document cases. [4:17] Smith and his team obtained invasive and irrelevant information on hundreds of thousands of Republican supporters. [4:29] I've repeatedly asked my Democrat colleagues to join my investigation, which they have refused to so do. [4:37] Some of these facts were conveniently left out of Smith's public report, which, if passed, is prologue Volume 2, [4:46] is assuredly filled with allegations benefiting the special counsel's political positions. [4:54] Smith also produced Volume 2 after his appointment was deemed unconstitutional, so he knew he was on borrowed time. [5:04] Attempting to force this release under this unique condition is premature. [5:10] Therefore, your resolution is out of order. [5:14] Mr. Chairman, if I may make two points. [5:16] First of all, Rule 9 of the Committee Rules states that the chair of the committee, with the agreement of the ranking member, [5:22] or by a vote of the committee, may subpoena the attendance of a witness or records. [5:29] So under Rule 9, the committee can vote to subpoena records. [5:33] And under Rule 4, if you wish to deny me that, it says the chair shall entertain a non-debatable motion to bring a matter before the committee to a vote. [5:44] If there is objection, as you are objecting, to bring the matter to a vote without further debate, a roll call vote of the committee shall be taken. [5:53] So here's the thing. [5:54] We can vote on this now, or we can vote on this in January, in which I think a subpoena will be issued. [6:02] The implication of not voting on it now, of denying the minority a vote on it now, will be, it will be the Republican position when you're in the minority, [6:11] that the minority party no longer has the right to command a vote, to require a vote on a subpoena. [6:18] So if you want to give up that right, you'll be doing it today. [6:22] You'll be taking a position that when you're in the minority, you have no right to a vote on a subpoena. [6:27] So that's the implication. The subpoena is going to go out, but you're establishing a precedent by denying me this vote, [6:34] that you won't insist on a vote, you'll have no position to insist on a vote in the minority. [6:39] The difference between what you're predicting will happen in the future and happening now, [6:46] the chairman does not have your motion on the agenda, so it's out of order. [6:55] If the chairman next year puts it on the agenda, then you'll deal with it at that time. [7:02] Okay, so everyone, I hope you'll stay.