Senator Marsha Blackburn Sues Jack Smith Over Phone Record Seizure
Marsha Blackburn filed a lawsuit against Jack Smith over seized congressional phone records.
Why it matters: The case spotlights rising legal conflicts over investigative reach into lawmakers' communications, testing constitutional limits on privacy and oversight.
- Filed September 30, 2026, in Middle District of Tennessee against Jack Smith, former Special Counsel.
- Alleges unlawful subpoena of Blackburn's Verizon toll records on May 25, 2023, under non-disclosure.
- Claims seizure violated Speech or Debate Clause, First Amendment association rights, and Fourth Amendment protections.
- Seeks declaration of unconstitutional appointment, return or destruction of records, and nominal damages of $1.
Senator Marsha Blackburn has initiated a federal lawsuit against former Special Counsel Jack Smith, accusing him of unlawfully obtaining her cellphone toll records during an investigation into former President Donald Trump and the 2020 election. The suit was filed on September 30, 2026, in the U.S. District Court for the Middle District of Tennessee.
The complaint challenges the constitutionality of Smith's appointment as Special Counsel and details how Smith's team issued a grand jury subpoena to Verizon on May 25, 2023, to obtain Blackburn's toll records under a non-disclosure order that prevented her from being informed.
Blackburn's lawsuit contends that this seizure infringed upon the constitutional protections granted by the Speech or Debate Clause, which safeguards legislative independence, as well as rights under the First Amendment regarding association and the Fourth Amendment's guard against unreasonable searches and seizures.
She is seeking a court declaration that Smith's appointment was unconstitutional, the return or destruction of all seized records, and nominal damages of $1. At least 20 Republican lawmakers reportedly had their phone records subpoenaed during the probe, underscoring the broader scope of the investigation.
In a statement, Blackburn emphasized that "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." Senior Litigation Counsel L. Margaret Harker also criticized Smith's actions as a "grave abuse of power" violating multiple constitutional provisions.
This lawsuit follows testimony by Jack Smith before the Senate Judiciary Committee, where he faced scrutiny over his investigation's extent and procedures, highlighting ongoing tension between congressional privacy and federal investigatory powers.
By the numbers:
- September 30, 2026 — Date Blackburn filed the lawsuit
- May 25, 2023 — Date Verizon subpoenaed for Blackburn's phone records
- 1 dollar — Nominal damages sought in the lawsuit
- At least 20 — Republican lawmakers with subpoenaed phone records
Yes, but: The Department of Justice and Jack Smith have not publicly responded to the lawsuit's allegations as of now.
What's next: The case will proceed in the U.S. District Court for the Middle District of Tennessee, potentially shaping rules on congressional privacy and investigative limits.