{"id":2673314,"date":"2026-09-30T16:53:25","date_gmt":"2026-09-30T20:53:25","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignblackburn-takes-jack-smiths-unlawful-phone-record-seizure-to-court\/"},"modified":"2026-09-30T16:55:04","modified_gmt":"2026-09-30T20:55:04","slug":"utm_sourcerssutm_mediumrssutm_campaignblackburn-takes-jack-smiths-unlawful-phone-record-seizure-to-court","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignblackburn-takes-jack-smiths-unlawful-phone-record-seizure-to-court\/","title":{"rendered":"Blackburn Sues Jack Smith Over &#8216;Unlawful&#8217; Phone Record Seizure"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Futm_sourcerssutm_mediumrssutm_campaignblackburn-takes-jack-smiths-unlawful-phone-record-seizure-to-court%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2673314&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Senator Marsha Blackburn filed a lawsuit against former Special Counsel Jack Smith, accusing him of unlawfully seizing her cell phone records during his inquiry into Trump, known as Arctic Frost. Blackburn, represented by the NCLA, claims that Smith violated her constitutional rights by subpoenaing her records without proper notification and using unconstitutional procedures.She also challenges the legality of Smith\u2019s appointment as special counsel, arguing it was unlawful because he was not properly nominated or confirmed and was acting outside his official capacity. The lawsuit seeks to declare Smith\u2019s actions unlawful, destroy any legislative materials obtained, and ensure the return of Blackburn\u2019s records. The <a href=\"https:\/\/amzn.to\/3YuVZYV\" >case arises amid broader concerns<\/a> about Smith\u2019s investigation, which involved seizing communications of media outlets and nearly 5,000 checks of Trump donors. Blackburn emphasizes that her rights as a senator and Republican where targeted unlawfully, and the lawsuit highlights constitutional and statutory violations in the investigation process.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>Sen. Marsha Blackburn, R-Tenn., filed a <a href=\"https:\/\/nclalegal.org\/filing\/complaint-for-declaratory-and-injunctive-relief-and-nominal-damages\/\" target=\"_blank\" rel=\"noreferrer noopener\">lawsuit<\/a> against former Special Counsel <a href=\"https:\/\/thefederalist.com\/tag\/jack-smith\/\" target=\"_blank\" rel=\"noreferrer noopener\">Jack Smith<\/a> on Wednesday over his \u201cunlawful\u201d seizure of her cell phone records during his <a href=\"https:\/\/thefederalist.com\/tag\/arctic-frost\/\" target=\"_blank\" rel=\"noreferrer noopener\">Arctic Frost<\/a> lawfare against Donald Trump. The suit also challenges the legality of Smith\u2019s appointment as special counsel. <\/p>\n<p>\u201cThrough 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\u2019s history,\u201d Blackburn said in a <a href=\"https:\/\/nclalegal.org\/press_release\/ncla-suit-former-special-counsel-jack-smith-unlawfully-seized-sen-blackburns-phone-records\/\" target=\"_blank\" rel=\"noreferrer noopener\">statement<\/a>. \u201cThis lawsuit is solely about holding Mr. Smith accountable and ensuring that our nation\u2019s justice system can never again be weaponized against the American people.\u201d<\/p>\n<p>Represented by the New Civil Liberties Alliance (NCLA), Blackburn alleged that, while serving as special counsel, Smith violated her \u201cconstitutional and civil rights\u201d by subpoenaing her cell phone toll records as part of his Arctic Frost inquiry. Smith sought and acquired a nondisclosure order from a federal court, \u201cwhile withholding from the presiding judge the material fact that the subpoena sought the records of a sitting U.S. Senator,\u201d according to <a href=\"https:\/\/nclalegal.org\/press_release\/ncla-suit-former-special-counsel-jack-smith-unlawfully-seized-sen-blackburns-phone-records\/\" target=\"_blank\" rel=\"noreferrer noopener\">NCLA<\/a>. This NDO prevented Blackburn\u2019s cell phone carrier from notifying her that Smith had subpoenaed her records.<\/p>\n<p>The Tennessee senator is one of roughly 20 <a href=\"https:\/\/www.grassley.senate.gov\/news\/news-releases\/grassley-demands-answers-from-telecom-companies-who-turned-congressional-phone-records-over-to-jack-smith\" target=\"_blank\" rel=\"noreferrer noopener\">GOP members of Congress<\/a> who had their toll records <a href=\"https:\/\/thefederalist.com\/2025\/12\/01\/new-docs-reveal-jack-smith-intentionally-violated-congressional-republicans-constitutional-rights\/\" target=\"_blank\" rel=\"noreferrer noopener\">subpoenaed<\/a> by Smith and his team. The Biden FBI also <a href=\"https:\/\/thefederalist.com\/2025\/10\/29\/docs-biden-fbi-subpoenaed-records-of-major-conservatives-gop-groups-as-part-of-get-trump-probe\/\" target=\"_blank\" rel=\"noreferrer noopener\">targeted<\/a> numerous Republican and conservative organizations as part of the expansive Arctic Frost probe.<\/p>\n<p>In her lawsuit, Blackburn alleged that Smith\u2019s efforts to prevent her from being notified of the subpoena for her toll records violate the First Amendment, the Constitution\u2019s speech or debate clause, and the Fourth Amendment\u2019s \u201cprotection against unreasonable searches and seizures.\u201d<\/p>\n<p>\u201cThese facts and others laid out below establish that Defendant Smith conspired to violate Senator Blackburn\u2019s Speech or Debate rights, First Amendment right of association, Fourth Amendment right to be free from unreasonable searches and seizures, and Civil Right to Support or Advocate for Donald Trump, because she is a Republican and a Trump supporter, all in violation\u201d of federal law, the lawsuit reads. <\/p>\n<p><strong>[EXCLUSIVE:[EXCLUSIVE:<a href=\"https:\/\/thefederalist.com\/2026\/09\/28\/exclusive-jack-smiths-team-ignored-attorney-client-and-speech-or-debate-privileges-to-get-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">Jack Smith\u2019s Team Ignored Attorney-Client And Speech Or Debate Privileges To Get Trump<\/a>]<\/strong><\/p>\n<p>Blackburn also argued that Smith\u2019s appointment by then-Attorney General Merrick Garland as special counsel was \u201cunconstitutional,\u201d a <a href=\"https:\/\/thefederalist.com\/2026\/01\/23\/here-are-9-key-moments-from-jack-smiths-congressional-testimony\/\" target=\"_blank\" rel=\"noreferrer noopener\">point<\/a> previously raised by congressional Republicans. The Tennessee senator contended that Smith\u2019s appointment was unlawful because he \u201cwas neither nominated to the role of Special Counsel (or any other role) by then-President Joe Biden nor confirmed by the Senate,\u201d and \u201cwas not serving as a U.S. Attorney, nor in any other governmental capacity at the time of the purported appointment.\u201d<\/p>\n<p>\u201cEven if Jack Smith had conducted a perfect investigation and had not violated all those constitutional and statutory rights \u2026 the entire investigation was unlawful anyway because he was acting as a private citizen,\u201d NCLA Senior Litigation Counsel Caitlin Moyna said during a Wednesday press conference.<\/p>\n<p>The lawsuit has been filed in the U.S. District Court for the Middle District of Tennessee. When asked during Wednesday\u2019s presser about whether the Tennessee-based court has jurisdiction to hear the case as opposed to the D.C. District Court, NCLA Senior Litigation Counsel L. Margaret Harker told The Federalist that it does because the Blackburn materials targeted by Smith all originated in the Volunteer State.<\/p>\n<p>\u201cJack Smith reached into the state of Tennessee to obtain a Tennessee senator\u2019s legislative materials \u2026 pertaining to her position as a Tennessee senator using a Tennessee phone registered in the district, including phone calls that were made to and from that district,\u201d Harker said. \u201cThose facts are specifically alleged in the complaint, and that is the reason that the Middle District of Tennessee was chosen.\u201d <\/p>\n<p>NCLA President Mark Chenoweth also told The Federalist that Smith \u201cwas the acting U.S. attorney in the Middle District of Tennessee several years ago and continued to maintain a residence and own a home in the Middle District of Tennessee \u2026 when these events took place.\u201d<\/p>\n<p>Blackburn is asking the district court to declare Smith\u2019s appointment as special counsel and his subpoenaing of her phone records to be unlawful. She also requested the court to issue one injunction requiring Smith to \u201cdestroy any of [her] legislative materials, or any notes or records reflecting the content of those materials, that are in his possession, custody or control,\u201d and another mandating the Justice Department to return copies of her toll records and redact \u201cany reference to the toll records or the content of the toll records\u201d in its possession. <\/p>\n<p>The lawsuit was filed a day after Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, revealed that Smith\u2019s team <a href=\"https:\/\/thefederalist.com\/2026\/09\/29\/breaking-jack-smith-spied-on-and-targeted-the-federalist-during-bidens-anti-trump-witch-hunt\/\" target=\"_blank\" rel=\"noreferrer noopener\">acquired<\/a> the communications of more than a dozen media outlets \u2014 including The Federalist \u2014 during the course of his get-Trump inquiry. The Federalist has since <a href=\"https:\/\/x.com\/seanmdav\/status\/2104992898613641268?s=20\" target=\"_blank\" rel=\"noreferrer noopener\">learned<\/a> that Editor-In-Chief Mollie Hemingway\u2019s communications were among those seized by Smith and Co.<\/p>\n<p><strong>[READ:[READ:<a href=\"https:\/\/thefederalist.com\/2026\/09\/29\/jack-smith-spying-on-trump-donors-is-latest-dem-ploy-to-chill-americans-political-speech\/\" target=\"_blank\" rel=\"noreferrer noopener\">Jack Smith Spying On Trump Donors Is Latest Dem Ploy To Chill Americans\u2019 Political Speech<\/a>]<\/strong><\/p>\n<p>Grassley also disclosed that Smith\u2019s team <a href=\"https:\/\/thefederalist.com\/2026\/09\/29\/jack-smith-seized-nearly-5000-checks-written-by-trump-donors\/\" target=\"_blank\" rel=\"noreferrer noopener\">obtained<\/a> nearly 5,000 checks written by Trump donors via subpoenas as part of Arctic Frost. These checks included the donors\u2019 bank accounts and routing numbers, signatures, and home addresses.<\/p>\n<p><em>Federalist Senior Legal Correspondent Margot Cleveland is of counsel for NCLA in this case.<\/em><\/p>\n<hr>\n<p>      Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He is a co-recipient of the 2025 Dao Prize for Excellence in Investigative Journalism. His work has been featured in numerous outlets, including RealClearPolitics and RealClearHealth. Follow him on Twitter @ShawnFleetwood<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Blackburn sues Jack Smith over cell records, appointment legality<\/p>\n","protected":false},"author":539,"featured_media":2673315,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/09\/Marsha-Blackburn.png","fifu_image_alt":"","footnotes":""},"categories":[546,33651],"tags":[3631,32463,86523],"class_list":["post-2673314","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist","category-the-western-journal","tag-blackburn","tag-jack-smith","tag-phone-seizure"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/09\/Marsha-Blackburn.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2673314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/539"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2673314"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2673314\/revisions"}],"predecessor-version":[{"id":2673318,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2673314\/revisions\/2673318"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2673315"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2673314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2673314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2673314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}