by Senator Marsha Blackburn
The record is clear: Jack Smith, who served as “Special Counsel” in the Biden Department of Justice, perpetrated one of the worst abuses of government power in our nation’s history. A year ago this month, our country learned that Arctic Frost, a corrupt, politically motivated investigation led by Smith, had targeted not just President Trump but elected members of Congress—including me—along with hundreds of conservative groups and individuals.
Last week, we learned even more about the lengths Smith took to weaponize government and target conservatives. According to whistleblower disclosures received by the Senate Judiciary Committee, Smith’s team obtained at least 4,782 personal checks—exposing home addresses, bank account numbers, and signatures—from Americans across all 50 states, including 102 Tennesseans. Their only offense: that they donated to President Trump.
While disturbing, this disclosure should come as no surprise. Just days after President Trump announced his 2024 presidential campaign, Biden’s Attorney General named Smith as Special Counsel. In the following months, Smith’s team issued 197 subpoenas seeking records and sensitive information on over 430 conservative organizations and individuals, all with the stamp of approval from the Biden Justice Department.
In a gross violation of the U.S. Constitution’s separation of powers and Speech or Debate Clause, Smith obtained my phone toll records—along with those of more than a dozen sitting members of Congress—learning whom we called, when, and for how long. What we all shared in common: We’re all Republicans, we all support President Trump, and we all had valid questions about the 2020 election.
Jack Smith went to great lengths to ensure we did not find out about this deep invasion of our privacy and violation of our constitutional rights. He went to an Obama appointee, Judge James Boasberg, who signed non-disclosure orders that kept the subpoenas secret from us. His basis for the gag orders? That notifying the members of Congress being spied on could “result in destruction of evidence, intimidation of potential witnesses, and serious jeopardy to the investigation.”
We also learned that Smith’s team consulted with the Biden Justice Department’s Public Integrity Section about the subpoenas. They were informed that there was “litigation risk” for violating the Speech or Debate Clause, which provides members of Congress with broad, constitutional protection from executive branch interference. But the Biden Justice Department ultimately concluded that they could go ahead with the subpoenas because they believed we would never find out about the witch hunt.
Thanks to brave whistleblowers and Senate Judiciary Committee Chairman Grassley’s unflinching investigative work, we did find out. Now, we’re taking decisive action to hold Smith accountable. Last week, the Senate Judiciary Committee brought Smith in for questioning under oath to explain his appalling actions. One day later, I filed a lawsuit against the former special counsel for unlawfully subpoenaing my cell phone toll records during the Arctic Frost investigation.
Through my suit, I am asking that the Court declare Smith’s appointment unlawful under the U.S. Constitution’s Appointments Clause and to hold Smith accountable, in his personal capacity, for his gross abuses of power. If the Deep State can trample on the constitutional rights of sitting members of Congress and even the President of the United States, then they can do it to any American.
This lawsuit—which seeks an award of nominal damages of one dollar—is solely about ensuring that our nation’s justice system can never again be weaponized against the American people.
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Marsha Blackburn represents Tennessee in the U.S. Senate and is the Republican nominee for governor.
