Senator Marsha Blackburn filed a federal lawsuit against former special counsel Jack Smith, alleging he unconstitutionally seized her phone records without notification and operated without lawful authority during his investigation into President Trump.
Constitutional Authority Challenged
The lawsuit, filed by the nonpartisan New Civil Liberties Alliance, argues Smith lacked constitutional authority to serve as special counsel when Attorney General Merrick Garland appointed him during the Biden administration. Blackburn seeks a court declaration that Smith’s appointment was unconstitutional, destruction of her seized records, and one dollar in nominal damages. The Tennessee Republican told Fox News Digital the case aims to hold Smith accountable for perpetrating what she called one of the worst abuses of government power in American history.
The legal challenge comes one day after Smith’s contentious Senate Judiciary Committee testimony, where he acknowledged approving subpoenas for members of Congress despite understanding that nondisclosure orders prevented them from challenging the seizures under the Constitution’s Speech or Debate Clause. Smith defended his actions by claiming his investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against the nation.
Secret Subpoena Sparked Outrage
In May 2023, Smith’s office issued a grand jury subpoena seeking Verizon toll records from Blackburn and several other Republicans involved in the Arctic Frost investigation. A separate nondisclosure order barred Verizon from notifying affected customers that their information had been turned over. While the records did not reveal conversation contents, they showed whom Blackburn communicated with, when, and for how long. The lawsuit alleges Smith’s office obtained the court-approved nondisclosure order without informing the judge that the subpoena targeted a sitting United States senator.
Senate Judiciary Committee Chairman Charles Grassley opened Tuesday’s hearing with a scathing rebuke, accusing Smith’s prosecutors of sweeping up communications between Fox News journalists, other media organizations, and sources connected to the first Trump administration. The hearing highlighted broader concerns about whether obtaining congressional records without notification violated constitutional protections designed to safeguard legislative independence.
What This Means
Arctic Frost served as the codename for the FBI investigation into Trump’s handling of classified documents and alleged efforts to overturn the 2020 election before Garland handed the probe to Smith. The lawsuit opens a new legal front testing not only Smith’s investigative tactics but the legitimacy of the authority he exercised as special counsel. Smith previously served as a prosecutor before the International Criminal Court and led the Justice Department’s Public Integrity Section, where he brought bribery charges against former Virginia Governor Robert McDonnell in a case the Supreme Court later unanimously vacated.