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Senator Marsha Blackburn has sued former special counsel Jack Smith and the Justice Department for allegedly illegally obtaining her phone records during his investigation into President Trump’s efforts to overturn the 2020 election results. Filed in Nashville federal court, Blackburn's lawsuit claims that Smith violated constitutional protections by subpoenaing her call logs without notifying her or Verizon, her phone service provider. Along with this lawsuit, Blackburn is demanding the destruction or return of any materials related to her still held by Smith or the DOJ and contesting his November 2022 appointment as illegal.
Written locally by qwen2.5:14b on 2026-10-01,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
Sen. Marsha Blackburn (R-TN) filed a lawsuit on Wednesday against Jack Smith, former special counsel and head of the Arctic Frost investigation, in the U.S. District Court for the Middle District of Tennessee. The suit claims that Smith’s subpoena to obtain Blackburn's phone records violated her rights under the Speech or Debate Clause, First Amendment right to association, and Fourth Amendment protections against unreasonable searches. Additionally, Blackburn argues that Smith's appointment by then-Attorney General Merrick Garland was unconstitutional. The Arctic Frost investigation involved secretly obtaining the phone records of several Republican lawmakers including Blackburn and eight other senators from their carriers without notifying them. Blackburn seeks to have Smith’s actions declared unlawful and all seized material destroyed or returned.
Written for “Blackburn Sues Smith Over Phone Records” on 2026-10-05,
grounded in this article and the 1 other(s) covering the same event.
Sen. Marsha Blackburn sued former special counsel Jack Smith and the Justice Department in Tennessee federal court Wednesday, charging that the prosecutor wrongfully obtained her call logs during his investigation into President Trump’s attempt to overturn the 2020 election outcome.
asserted
prosecutor → sue → outcome
Blackburn’s lawsuit, filed in Nashville, accuses Smith of “gross abuse of power and … disregard for the Constitution’s Separation of Powers, the Speech or Debate Clause, the First Amendment right of association, [and] the Fourth Amendment right to be free from unreasonable searches and seizures” by subpoenaing the phone records of the Tennessee Republican and eight of her Senate colleagues, then securing a court order preventing Blackburn’s carrier, Verizon, from alerting her to the request.
asserted
lawsuit → file → request
Blackburn, who is running for Tennessee governor, is seeking to have Smith’s November 2022 appointment by then-Attorney General Merrick Garland formally declared illegal, in addition to the effort to obtain her phone records.
asserted
appointment → run → records
She also wants any of her material still in Smith or the DOJ’s possession to be destroyed or returned to her.
asserted
any → want → her
Smith’s receipt of phone records as part of the so-called “Arctic Frost” investigation was revealed by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) in October of last year.
asserted
receipt → call → year
had their addresses, inbound/outbound call and text records, and payment information handed over to Smith’s team.
asserted
addresses → inbound → team
While Verizon complied with the special prosecutor’s grand jury subpoena, a similar request from Smith’s office to AT&T was denied.
asserted
request → comply → AT&T
“Verizon willfully handed over my call logs to the Biden FBI without hesitation, empowering Jack Smith’s witch hunt targeting Republicans for political gain,” Blackburn told The Post in a statement at the time.
asserted
Blackburn → hand → time
“It turns out that activist [DC federal] Judge [James] Boasberg also ordered Verizon not to inform me of the subpoena, falsely claiming I might destroy so-called evidence,” Blackburn said.
uncertain
Blackburn → turn → evidence
“There was no criminal predicate, no justification, and no excuse for Verizon aiding Jack Smith’s spying operation, especially when AT&T refused to comply under the same circumstances.”
asserted
AT&T → be → circumstances
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation,” Smith told lawmakers.
asserted
Smith → develop → lawmakers
“If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat.”
asserted
president → ask → facts
Trump was charged with four counts related to his attempt to remain in power following the 2020 election, but the case was shelved after the Republican won the 2024 election over Democrat Kamala Harris.
asserted
Republican → charge → Harris
Separately Wednesday, Hagerty announced he had filed a bar complaint against Smith in Tennessee, where he worked as a federal prosecutor and corporate attorney prior to his appointment by Garland.
asserted
he → announce → Garland
“He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order,” Hagerty wrote of Smith on X.
asserted
Hagerty → ’ → X.
“He should never be able to practice law again.”
asserted
He → practice → law
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