'Do You Believe in The Tooth Fairy?' Sen. Kennedy Nails Jack Smith to the Wall in Stunning Exchange

Sep 29, 2026 11:21 AM
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'Do You Believe in The Tooth Fairy?' Sen. Kennedy Nails Jack Smith to the Wall in Stunning Exchange
AP Photo/Jacquelyn Martin

Senator John Kennedy was in rare form at the Senate Judiciary Committee hearing with former Special Counsel Jack Smith on Tuesday. 

The Louisiana Republican grilled Jack Smith, and in the process, revealed an alarming accusation that Smith was not prepared to answer.

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Here is the full transcript of the exchange:

SEN. JOHN KENNEDY: When President Trump defeated Secretary Clinton, you were bitterly disappointed, weren't you?

JACK SMITH: I don't recall that.

KENNEDY: You don't recall at all? Mrs. Smith was, wasn't she?

SMITH: I'm not going to talk about my family. What I can share is that I accepted a position in the Trump administration as the acting U.S. attorney in Tennessee after that election. And then I accepted a second position in the Trump administration as a war crimes prosecutor.

KENNEDY: Your spouse, it's certainly her right, I'm not being critical, is an ardent supporter of President and First Lady Obama. Is that right?

SMITH: I'm not going to talk about my family here today. I'm here to talk about my work as special counsel.

KENNEDY: In fact, she made a glowing, saccharine-sweet documentary about First Lady Obama, didn't she, that she sold to Netflix?

SMITH: I'm not going to speak about my family here today. I'm happy, though, to answer any questions you have about my actual work as special counsel.

KENNEDY: When you went to Judge Boasberg, you didn't even tell him you were seeking the phone records of members of Congress, did you? Because you knew he wouldn't agree. He would say, "Hey, counselor, anybody who knows a law book from a J.Crew catalog knows that this violates the Constitution." But you didn't tell him, did you?

SMITH: We sought non-disclosure orders from—

KENNEDY: You didn't tell him, did you?

SMITH: In seeking non-disclosure orders, we did not disclose—

KENNEDY: You didn't tell him. But you're unbiased. You have no personal feelings. You make me want to throw up in my mouth.

KENNEDY: Mr. Chairman.

SEN. CHUCK GRASSLEY: Mr. Chairman?

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Senator Dick Durbin (D-IL) tried to stop the fight, but Kennedy kept going.

SEN. DICK DURBIN: His time's up.

DURBIN: I'd like to say a word. This hearing is of constitutional and historic importance. This witness should be allowed to answer the questions, complete a sentence. We have given that courtesy to witnesses from both political parties, and it should be extended to Mr. Smith.

GRASSLEY: Your time's up, Senator.

KENNEDY: I'd also like, with respect, Dick, for the chairman to instruct the witness. He's not Bambi's baby brother, okay? He's been around. Everybody knows him. And he was famous or infamous even before he was hired to prosecute President Trump. And I'd like you to instruct him not to filibuster us.

GRASSLEY: Okay, thank you.

KENNEDY: So you're telling me that you're about to prosecute a former president of the United States, first time in history. Not only that, you're about to prosecute a former president of the United States who's also the current opponent of Judge Garland's boss.

And you told Judge Garland, "Here's what I'm about to do." And you don't think he checked with President Biden to see if it was okay?

SMITH: I have no idea what he did. My job as a prosecutor under the special counsel regulations was to make an independent decision, and Attorney General Garland could have countermanded that decision. But I made that decision on my own, consulting with my staff and reviewing the incredibly strong evidence that we had accumulated.

KENNEDY: In fact, President Biden and/or his White House staff told General Garland to prosecute the president, didn't they?

SMITH: Again, I have no idea about that. What my job was—

KENNEDY: You don't know anything about that. Do you believe in the Tooth Fairy?

SMITH: I do not.

KENNEDY: How about the Easter Bunny?

SMITH: I no longer believe in the Easter Bunny.

KENNEDY: Do you think Jimmy Hoffa died of natural causes?

SMITH: I do not.

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Now, I am sure the American people can appreciate Kennedy's colorful language. What we are looking for is accountability, and the key thing to note is that the senator accuses Smith of knowingly breaking constitutional law.

But the most interesting moment was when Kennedy confronted Smith with an allegation that he had asked Garland for the Special Counsel job.

KENNEDY: You asked General Garland to appoint you special counsel, didn't you? 

SMITH (looks down and scribbles): I don't think that's accurate. He made the decision to appoint me. 

KENNEDY: In fact, you had people call General Garland to lobby him to appoint you, didn't you? 

SMITH (looks down and scribbles some more): I don't recall anything like that. 

KENNEDY: You really wanted to be special counsel, didn't you? 

SMITH: I accepted the position as special counsel because I had spent 30 years as a nonpartisan prosecutor. I had investigated every sort of criminal case you could possibly imagine, and I thought I was qualified to do the job.  I knew that I would do it independently, and I would conduct it the same way whether it were Republican or a Democrat.

If Jack Smith wanted to be Special Counsel and had lobbied for that position, it throws all of his partisan activities in a whole new light. As it stands, this looks horrible. 

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Justice would be if Smith had his own phone records searched, just like he did with 87 White House phones, dozens of Congressmembers, and 17 major news organizations.

Editor’s Note: Republicans are fighting for election integrity by requiring proper identification to vote. It's common sense, yet Democrats are spreading lies about the impact of such a measure. 

Help us continue to call out these lies by joining RedState VIP and using promo code FIGHT to receive 60% off your membership.

News Topics DONALD TRUMP | JOHN KENNEDY | SENATE
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