Senator Blackburn Sues Jack Smith Over Phone Records
Tennessee Republican alleges special counsel illegally obtained her call logs and those of eight colleagues.
Sen. Marsha Blackburn has filed a lawsuit against former Special Counsel Jack Smith and the Justice Department, alleging that Smith unlawfully obtained her phone records during his investigation into former President Trump's efforts to overturn the 2020 election.
The lawsuit, lodged in Tennessee federal court, claims Smith engaged in a "gross abuse of power" and disregarded constitutional protections by subpoenaing the phone records of Blackburn and eight other senators. According to the suit, a court order prevented Blackburn's carrier, Verizon, from notifying her of the request.
Blackburn, who is also a candidate for Tennessee governor, seeks a declaration that Smith's appointment in November 2022 by then-Attorney General Merrick Garland was illegal. She also demands the return or destruction of any of her information held by Smith or the Department of Justice.
Smith's acquisition of phone records, part of the investigation known as "Arctic Frost," was previously disclosed by Sen. Chuck Grassley, chairman of the Senate Judiciary Committee. Senators Bill Hagerty, Rick Scott, Lindsey Graham, Josh Hawley, Tommy Tuberville, Ron Johnson, Dan Sullivan, and Cynthia Lummis, along with Rep. Mike Kelly, reportedly had their addresses, call and text logs, and payment information requested. While Verizon complied with a grand jury subpoena, AT&T reportedly refused a similar request from Smith's office.
Blackburn has previously criticized the process, stating, "Verizon willfully handed over my call logs to the Biden FBI without hesitation, empowering Jack Smith’s witch hunt targeting Republicans for political gain." She also accused U.S. District Judge James Boasberg of wrongly ordering Verizon not to inform her of the subpoena, citing a risk of evidence destruction.
The lawsuit was filed a day after Smith testified before the Senate Judiciary Committee, where he defended his investigation into Trump. "Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation," Smith told the committee. He added that he would prosecute a former president based on the same facts today, regardless of political party.
Trump faced charges related to his efforts to remain in power after the 2020 election, though that case was suspended after his victory in the 2024 presidential election.