GOP Sen. Blackburn Sues Jack Smith For Accessing Her Phone Records

Sen. Marsha Blackburn filed a federal lawsuit against former special counsel Jack Smith over the government’s acquisition of her phone records during the Arctic Frost investigation. The Tennessee Republican filed the complaint Wednesday in the U.S. District Court for the Middle District of Tennessee.

Blackburn is challenging both Smith’s authority as special counsel and the May 2023 subpoena that obtained records connected to her Verizon account. The subpoena sought what are known as phone toll records, which can show who was contacted, when calls occurred and how long they lasted.

It did not seek the contents of Blackburn’s conversations. According to Blackburn’s office, the records covered calls made during several days surrounding the Jan. 6, 2021, Capitol riot.

Her lawsuit argues that Smith was improperly appointed because he was not nominated by the president or confirmed by the Senate. Blackburn is asking the court to declare Smith’s appointment unconstitutional under the Appointments Clause.

She is also seeking the destruction or return of the phone records and only $1 in nominal damages, according to her office.

The case also challenges a non-disclosure order that prevented Verizon from informing Blackburn about the subpoena.

Blackburn alleges that the court was not told the records belonged to a sitting U.S. senator when the government sought that secrecy order.

She said she did not learn that her records had been obtained until October 2025, more than two years after the subpoena was issued.

The lawsuit raises several constitutional claims, including alleged violations of the Speech or Debate Clause, the First Amendment and the Fourth Amendment.

Blackburn also argues the investigation improperly interfered with communications connected to her work as a member of Congress.

Smith defended his investigative decisions during testimony before the Senate Judiciary Committee this week.

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He maintained that subpoenas involving lawmakers were connected to investigators’ efforts to determine what occurred as Trump allies communicated with senators during the events surrounding Jan. 6. Reuters and the Associated Press reported that Smith rejected accusations that his investigation was politically motivated.

Blackburn’s lawsuit comes amid broader scrutiny of phone-record subpoenas issued during the Arctic Frost investigation.

Her office alleges that records connected to at least 20 Republican members of Congress were sought, along with information involving hundreds of Republican individuals and organizations.

Earlier disclosures showed that multiple Republican senators had their phone information obtained during the investigation.

Blackburn previously said the records included details such as the time, recipient and duration of calls made between Jan. 4 and Jan. 7, 2021.

The senator also pointed to the timing of the subpoena, which was issued shortly after she endorsed Donald Trump’s 2024 presidential campaign.

The lawsuit does not itself establish that the endorsement caused the subpoena, and Smith has denied conducting his investigation for partisan reasons.

Blackburn framed the case as an effort to establish accountability and prevent similar investigative