Marsha Blackburn sues Jack Smith over seized phone records
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U.S. Sen. Marsha Blackburn (R-TN) speaks on Capitol Hill on October 07, 2025. Photo: Win McNamee/Getty Images.
Sen. Marsha Blackburn (R-Tenn.) sued former special counsel Jack Smith Wednesday, alleging he unlawfully obtained her cellphone toll records during his investigation of Trump and the 2020 election
Why it matters: The lawsuit escalates Republicans' efforts to challenge Smith's investigation more than a year after his probe ended.
What they're saying: "Through his Arctic Frost witch hunt that targeted conservatives across America and even the President of the United States, 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. I thank the New Civil Liberties Alliance for their partnership in filing this complaint and for fighting to uphold our cherished constitutional rights."
Driving the news: The suit was filed in the U.S. District Court for the Middle District of Tennessee one day after Smith testified at a Senate Judiciary Committee hearing Tuesday.
- The suit alleges Smith obtained a nondisclosure order without telling the judge that the underlying subpoena sought the records of a sitting senator. Blackburn's cellphone provider was ordered to keep the subpoena secret.
- Blackburn is asking the court to award her $1 in nominal damages to emphasize that she isn't seeking money but instead wants to hold Smith accountable for his allegedly unlawful actions.
- Legal counsel for Smith did not immediately respond to Axios' request for comment.
Flashback: The lawsuit comes one day after Sen. Eric Schmitt (R-Mo.), a potential running mate for JD Vance in 2028, accused Smith of perjury at Tuesday's hearing but got his facts wrong and was later corrected by Smith and Sen. Amy Klobuchar (D-Minn.).
- The mistake went viral and drew extensive criticism on social media.
Catch up quick: In October 2025, the GOP-led House Judiciary Committee released highly redacted documents showing that the FBI had investigated approximately 160 Republican figures as part of its probe into Trump's false claims that the 2020 presidential election was stolen.
- The probe, known as Arctic Frost, sought to identify those who "conspired to corruptly obstruct the United States Congress' certification of the 2020 Presidential election results by submitting allegedly fraudulent elector certificates."
By the numbers: The lawsuit claims the Arctic Frost probe subpoenaed records associated with at least 20 Republican members of Congress.
- The lawsuit claims about 400 Republican individuals and organizations were targeted.
- The lawsuit says records involving roughly 4,782 Trump donors, including 102 Tennesseans, contained home addresses, bank account numbers and signatures.
The bottom line: Blackburn's lawsuit extends the legal and political fight over the Justice Department's investigations into Trump after he left office.
- Trump and his allies have vowed to continue probing those who investigated or crossed the president, including New York Attorney General Letitia James (D), former FBI chief James Comey and Sen. Adam Schiff (D-Calif.).
Go deeper: Jan. 6 probe potentially investigated over 150 Republicans, documents show
