Sen. Marsha Blackburn filed a federal lawsuit on Sept. 30, 2026, saying Special Counsel Jack Smith unlawfully obtained her cellphone toll records, according to court papers and her legal team; the filing uses the phrase “phone records” in its challenges and names Smith directly.
The complaint, filed by the National Constitutional Law Union (NCLA) on Blackburn’s behalf, asks a judge to declare Smith’s appointment unconstitutional and to order the return or destruction of the records, the NCLA said in a press release summarizing the suit.
Blackburn’s suit says a grand jury subpoena was issued to Verizon for her toll records on May 25, 2023, and that the records were obtained under a non-disclosure order, according to reporting that cited the complaint and court filings.
The complaint seeks nominal damages of $1 and asks the court to require the Justice Department and Smith to destroy any seized legislative materials, the NCLA press release and multiple outlets reported.
The lawsuit follows testimony from Smith before the Senate Judiciary Committee; Blackburn’s filing and coverage by Politico and Axios connect the timing of the suit to Smith’s recent appearance before the panel.
The complaint also invokes the Constitution’s Speech or Debate Clause and argues that the special counsel lacked authority to subpoena records tied to a member of Congress, NCLA and local reporting said.
Legal and political observers told outlets the case raises questions about how special counsel subpoenas intersect with congressional privileges, though those commentaries appear in analysis pieces quoted by outlets and are not direct claims in the complaint itself.
For readers seeking more on Smith’s recent Capitol appearances and exchanges with lawmakers, related coverage includes his Senate testimony and a clash with Missouri Attorney General Eric Schmitt that aired during hearings.
We will update this article as court dockets, filings or official responses from Smith or the Justice Department become publicly available.
Sources
- Politico — reported the filing and timing linking Blackburn’s suit to Smith’s Senate testimony.
- NCLA — press release and text describing the complaint’s requests for destruction of records and a declaration that Smith’s appointment was unconstitutional.
- Axios — summarized the substance of the complaint and noted the May 25, 2023 Verizon subpoena date.
- Business Insider — reported details that the subpoena and accompanying non-disclosure order were issued in May 2023.
- The Tennessean — local reporting reproducing elements of the complaint and Blackburn’s legal aims.
