Republican senator sues former special counsel over secret phone-record subpoena

Senator Marsha Blackburn, represented by the New Civil Liberties Alliance, has sued former special counsel Jack Smith, asserting that his subpoena of her Verizon toll-record data was issued without proper legal authority. The filing contends that Smith’s appointment by then-Attorney General Merrick Garland violated the Constitution’s Appointments Clause and that the nondisclosure order accompanying the subpoena barred her from challenging it under the Speech-or-Debate Clause.

Blackburn seeks a judicial ruling that the appointment was invalid, the return and destruction of the records, and a nominal $1 in damages. The lawsuit arrives days after Smith’s contentious testimony before the Senate Judiciary Committee, where he acknowledged approving subpoenas for members of Congress despite the secrecy order. Senate records show Smith’s team issued dozens of subpoenas targeting hundreds of Republicans, sparking criticism from committee chair Charles Grassley. The case aims to set a precedent on the limits of special-counsel powers and protect congressional communications from future government overreach.