In my first year practicing law, I was assigned to draft a bid protest — the kind of document where one company argues that a government contract was awarded improperly. Young associates take the first cut; the grown-ups fix it in the morning.
I worked late, proud of what I’d produced. The partner, Bill Walsh, sent it to the client. The client liked the argument. There was only one problem: in at least seven places, I had written “material” when I meant “materiel.” Military armaments. For reasons still unclear, I assumed everyone else had forgotten how to spell it.
The client pointed this out on a conference call with several people listening. Bill was mortified. I was mortified. We were, of course, worth every dollar of our very high fees — we would simply add the materiel back in.
And, as often happens, the argument changed too.
Yesterday’s congressional hearing made me think someone on Senator Schmitt’s staff had a similar moment.
The senator confidently pressed Jack Smith, insisting Smith had been in Atlanta during the Willis–Wade affair — at a Hawks game, no less. The timing seemed deliciously suspicious. The day before, Fani Willis had acknowledged her relationship with Nathan Wade. And here was Smith, supposedly in Atlanta at the relevant time. Obviously, there could be only one reason for Jack Smith to be in Atlanta.
Smith denied it. Schmitt warned him not to perjure himself, then suggested he already had.
Except he wasn’t in Atlanta.
My guess is an assistant saw “Hawk” when the text or document actually said “Hawkeye.” Smith looked genuinely perplexed, remembering only a trip to see Iowa play in College Park — to watch Caitlin Clark, of all people.
You would think Senator Schmitt might have been relieved when Senator Klobuchar solved the riddle. Instead, he demanded his time back, as though the universe had wronged him personally.
Somewhere behind him, I imagine, sat an assistant who had gotten the materiel wrong — and was praying no one noticed.
I can sympathize.
At least my conference call wasn’t being streamed all over the world.


