Blackburn Sues Jack Smith Over Subpoena of Cell Records
VIDEO
By Solange Reyner | Wednesday, 30 September 2026 04:02 PM EDT
Sen. Marsha Blackburn, R-Tenn., filed a federal lawsuit Wednesday in the U.S. District Court for the Middle District of Tennessee against Jack Smith, the former special counsel who investigated President Donald Trump, alleging he violated her constitutional rights by subpoenaing her cell phone toll records without proper legal authority and concealing the action from her.
The Republican senator claims Smith's appointment as special counsel was unconstitutional because he was neither nominated by the president nor confirmed by the Senate.
She contends that as an improperly appointed private citizen, Smith lacked authority to exercise the powers of the office.
Blackburn alleges Smith and his team subpoenaed her toll records for the period of Jan. 4-7, 2021, during an investigation codenamed "Arctic Frost" into events surrounding Jan. 6. She claims the records were legislative materials protected from compelled disclosure by the Speech or Debate Clause of the Constitution.
The complaint states Smith obtained a non-disclosure order that prevented Verizon from alerting Blackburn to the subpoena. Smith allegedly did not disclose to the judge who issued the order that he was seeking records of a sitting U.S. senator.
Blackburn did not learn of the subpoena until October 2025, when it was publicly revealed by Senate Judiciary Chairman Chuck Grassley, R-Iowa.
"By not telling the court or the service provider whose records were targeted, Defendant Smith deprived Senator Blackburn of her right to assert her privileges under the Speech or Debate Clause," the complaint states.
Blackburn alleges Smith violated her First Amendment right to associate, her Fourth Amendment protection against unreasonable searches and seizures, and provisions of the Civil Rights Act.
She claims the subpoena was part of a pattern targeting Republicans and Trump supporters, including at least eight other Republican senators.
The complaint notes the timing is significant: Smith issued the subpoena on May 25, 2023, roughly one month after Blackburn became one of the first U.S. senators to endorse Trump for reelection.
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READ MORE: https://www.newsmax.com/politics/marsha-blackburn-jack-smith-lawsuit/2026/09/30/id/1271268/
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