Senator Blackburn Sues Jack Smith Over Secret Phone Record Subpoena
Republican senator argues special counsel lacked lawful authority and violated her rights by obtaining toll records without notification.
Senator Marsha Blackburn, R-Tenn., has filed a personal lawsuit against former special counsel Jack Smith, challenging his authority to serve in that role and alleging violations of her constitutional rights. The lawsuit stems from Smith's investigation into former President Donald Trump, during which Blackburn's phone toll records were reportedly subpoenaed without her prior knowledge.
The suit, filed in federal court, seeks to declare Smith's appointment unconstitutional, compel the destruction of the obtained records, and award $1 in nominal damages. Blackburn stated, "This lawsuit is solely about holding Mr. Smith accountable and ensuring that our nation’s justice system can never again be weaponized against the American people."
Blackburn's legal team, represented by the New Civil Liberties Alliance (NCLA), argues that Smith, appointed by then-Attorney General Merrick Garland, lacked lawful constitutional or statutory authorization to wield special counsel powers. The NCLA asserted in a statement that "Jack Smith was illegally named Special Counsel in November of 2022, with Attorney General Merrick Garland handing a private citizen the sweeping powers of a special counsel."
The records in question, obtained via a grand jury subpoena issued by Smith's office in May 2023, included Verizon toll records. A nondisclosure order accompanying the subpoena prevented Verizon from notifying affected customers, including Blackburn, that their information had been provided. While these records do not contain the content of communications, they reveal who Blackburn communicated with, when, and for how long.
The lawsuit alleges that Smith's office obtained the nondisclosure order without informing the judge that the subpoena targeted records belonging to a sitting U.S. senator. This, according to the complaint, violated Blackburn's constitutional and civil rights and prevented her from challenging the demand under the Constitution's Speech or Debate Clause.
Smith, a career prosecutor, led the Justice Department's investigations into Trump's handling of classified documents and alleged efforts to overturn the 2020 election. His tenure as special counsel has faced scrutiny, including during recent testimony before the Senate Judiciary Committee. During that testimony, Smith acknowledged approving subpoenas for members of Congress, understanding that nondisclosure orders might prevent them from challenging the seizures.
According to Senate Judiciary Committee records, Smith's team issued 197 subpoenas to 34 individuals and 163 businesses, seeking information related to at least 430 Republican individuals and entities as part of the probe, codenamed Arctic Frost. The investigation reportedly swept up communications involving journalists and sources connected to the Trump administration.
Smith has defended his actions, stating his investigation developed proof beyond a reasonable doubt that Trump engaged in serious crimes against the nation. The lawsuit filed by Blackburn aims to establish accountability for what her legal team describes as "gross abuses of power" and ensure that the Department of Justice operates within its constitutional boundaries.