A prominent Republican senator, whose phone records were secretly subpoenaed during an investigation led by Jack Smith regarding former President Donald Trump, has filed a lawsuit against the former special counsel. Senator Marsha Blackburn contends that Smith overstepped his authority in the Arctic Frost investigation.
In her lawsuit, Blackburn asserts that Smith, as special counsel, did not have the necessary legal authority, and she claims her rights were violated when he obtained her phone records. She is asking a federal court to declare Smith’s appointment unconstitutional, demand the destruction of the records obtained, and award her $1 in nominal damages.
This case raises questions about not only Smith’s methods but also the legitimacy of the authority he purported to hold as special counsel under then-Attorney General Merrick Garland during the Biden administration.
“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 stated.
During a recent Senate Judiciary Committee hearing, Smith faced intense scrutiny for approving subpoenas directed at Congress members, even while being aware that nondisclosure orders barred them from contesting such actions based on the Constitution’s Speech or Debate Clause.
Smith, who is a seasoned prosecutor, is known for heading the Justice Department’s investigations into Trump. Earlier in his career, he handled cases at the International Criminal Court and managed the DOJ’s Public Integrity Section, where he prosecuted the former governor of Virginia, Robert F. McDonnell, although that conviction was later overturned by the Supreme Court.
The Arctic Frost investigation focused on Trump’s handling of classified documents and efforts to overturn the 2020 election results. Blackburn’s data was caught up in this investigation when Smith’s office subpoenaed toll records from her and other Republicans, which sparked outrage in the recent Senate hearing regarding whether this action violated constitutional rights.
In May 2023, Smith’s office sought Verizon toll records through a grand jury subpoena, while a nondisclosure order prohibited the company from informing the affected individuals, like Blackburn, about the information that had been shared. While the records themselves did not include conversation content, they did reveal details about who Blackburn communicated with, and for how long.
The complaint alleges that Smith’s team acquired a court-approved nondisclosure order without disclosing to the judge that the subpoena affected a sitting U.S. senator.
On a larger scale, Smith’s team issued 197 subpoenas targeting 34 individuals and 163 businesses, which involved at least 430 Republican individuals and entities.
During Tuesday’s hearing, Senate Judiciary Chairman Charles Grassley criticized Smith’s team for allegedly involving communications between journalists and sources tied to the Trump administration.
In defense, Smith pushed back against claims of biased prosecution, stating that his investigation proved beyond a reasonable doubt that Trump committed serious crimes against the nation.
Blackburn’s lawsuit is being pursued with help from the nonpartisan New Civil Liberties Alliance (NCLA), which has expressed gratitude for their collaboration on this matter.
The suit argues that Smith acted without legitimate constitutional or statutory authorization while also seeking to hold him personally accountable for the subpoena and nondisclosure order violations against Blackburn’s rights.
The NCLA claims that Smith’s appointment as special counsel was illegal, highlighting that neither President Biden nominated Smith nor did the Senate confirm him in this role. They argue that no statute provided for his appointment.
The lawsuit seeks a judicial declaration of Smith’s unconstitutional appointment, a return and destruction of Blackburn’s records, and $1 in nominal damages to emphasize the pursuit of accountability for the alleged constitutional breaches that occurred during Smith’s exercise of special counsel powers.
As of now, Fox News Digital has reached out to Smith’s legal team for a comment.
