U.S. Sen. Marsha Blackburn (R-Tenn.) has filed a personal lawsuit against former Special Counsel Jack Smith, accusing him of unlawfully seizing her cell phone records and of serving as special counsel without lawful authority.
The complaint, filed Wednesday in the U.S. District Court for the Middle District of Tennessee by the New Civil Liberties Alliance on Blackburn's behalf, targets Smith in his personal capacity.
At the heart of the suit is a May 2023 grand jury subpoena, issued during Smith's Arctic Frost investigation, that obtained Blackburn's Verizon cell phone toll records — data showing communication patterns, not call contents. According to the complaint, a nondisclosure order barred Verizon from notifying her, and Blackburn did not learn her records had been seized until October 2025.
The lawsuit asks the court to declare Smith's November 2022 appointment unconstitutional under the Constitution's Appointments Clause, arguing he was never nominated by the president or confirmed by the Senate. It also seeks an order for the return and destruction of her records and an award of just $1 in nominal damages.
"Jack Smith perpetrated one of the worst abuses of government power in our nation's history," Blackburn said. "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."
The complaint alleges Blackburn was not the only target: Smith's office is said to have subpoenaed the toll records of at least 20 Members of Congress — all Republicans — and roughly 400 Republican individuals and organizations.
The filing came one day after Smith testified before the Senate Judiciary Committee. Blackburn, who is currently running for governor of Tennessee, said the suit is about accountability, not money.