Senator Marsha Blackburn has initiated a legal action against former special counsel Jack Smith and the Justice Department in a federal court in Tennessee, claiming that the prosecutor improperly obtained her call records during his investigation into Donald Trump’s attempts to overturn the 2020 election results.
In her lawsuit filed in Nashville, Blackburn alleges that Smith misused his power and ignored constitutional protections, specifically the Separation of Powers, the Speech or Debate Clause, the First Amendment’s right of association, and the Fourth Amendment’s protection against unreasonable searches and seizures. She contends that Smith’s actions included subpoenaing her phone records alongside those of eight Senate colleagues and securing a court order that prevented her phone provider, Verizon, from notifying her about the request.
Currently campaigning for the governor’s seat in Tennessee, Blackburn wants the court to officially declare Smith’s November 2022 appointment by former Attorney General Merrick Garland illegal, in addition to seeking the removal of her phone records from Smith’s possession. She also demands that any material from her now with Smith or the DOJ be either destroyed or returned to her.
The revelation of Smith’s acquisition of these call records came from Senate Judiciary Committee Chairman Chuck Grassley in October last year. Other Senators whose records were included are Bill Hagerty, Rick Scott, Lindsey Graham, Josh Hawley, Tommy Tuberville, Ron Johnson, Dan Sullivan, Cynthia Lummis, and Representative Mike Kelly. They had their personal information, including addresses and communications records, handed over to Smith’s investigative team.
While Verizon complied with Smith’s grand jury subpoena, AT&T reportedly rejected a similar request from his office.
Blackburn criticized Verizon for giving her call logs to what she referred to as a “witch hunt” by the Biden FBI, stating that they enabled Smith’s pursuit of Republican figures for political advantage. She noted that a federal judge, James Boasberg, ordered Verizon not to alert her about the subpoena, asserting that there was no criminal justification for this action and expressing frustration that AT&T had refused to comply under similar circumstances.
Her lawsuit was filed a day after Smith’s testimony before the Judiciary Committee, on which Blackburn serves, where he defended his conduct regarding the investigation into both the 45th and 47th presidents.
During his appearance, Smith asserted that the investigation provided conclusive evidence that Trump committed serious crimes against the country. He indicated that if given the same set of facts today, he would not hesitate to prosecute a former president, regardless of political affiliation.
Trump faces four charges related to his efforts to hold onto power after the 2020 election, though these proceedings were put on hold after he won the 2024 election against Democrat Kamala Harris.
On the same day, Senator Hagerty announced that he had filed a complaint against Smith with the state bar in Tennessee, where Smith previously served as a federal prosecutor. Hagerty described Smith as a “blatantly partisan actor,” arguing that his “prosecutorial misconduct” undermined the constitutional framework, and advocated for Smith to be barred from practicing law in the future.
