Sen. Blackburn Sues Jack Smith Over Phone Records Subpoena

Blackburn filed a 46-page lawsuit against Smith and the Justice Department in federal court in Tennessee on Wednesday. She alleges Smith obtained her phone records through a grand jury subpoena issued around May 2023 without disclosing to the judge that a sitting senator's records were sought.

• At least 20 Republican members of Congress had records subpoenaed, the suit claims.
• About 400 Republican individuals and organizations were targeted, according to the lawsuit.
• Records tied to roughly 4,782 Trump donors included home addresses, bank account numbers, and signatures.
• $1 in nominal damages is requested; Blackburn says accountability, not money, is the goal.

Why it matters: The lawsuit raises two broad constitutional claims: that Smith was unlawfully appointed without Senate confirmation, and that obtaining a sitting senator's records violated the Speech or Debate Clause, the First Amendment, and the Fourth Amendment.

• A ruling on the Appointments Clause argument could set precedent for how future special counsels are named.

How 23 sources split on this story

Where they split: Left-leaning coverage emphasizes the lawsuit's legal novelty and skepticism about Smith's record-keeping; center coverage frames it as a political escalation following Republican efforts to discredit Smith's investigation.

What’s next: The suit was filed one day after Smith testified before the Senate Judiciary Committee.

• Blackburn also asks the court to order Smith to destroy any legislative materials in his possession.
• Did the nondisclosure order prevent the judge from knowing a senator's records were sought, and does that affect the subpoena's validity?
• Smith testified that toll records do not contain message content — courts have not yet ruled on whether their collection still violated the Speech or Debate Clause.
• Will other Republican lawmakers named in the Arctic Frost probe file similar suits?