U.S. Senators Marsha Blackburn (R-TN) and Bill Lee (R-TN) on Wednesday escalated their actions against former Special Counsel Jack Smith, who was appointed under the Biden administration to investigate President Donald Trump for his purported role in the civil unrest on January 6, and was revealed to have obtained phone records from about 20 Republicans in Congress as part of his investigation.
Blackburn’s lawsuit, filed by the New Civil Liberties Alliance, seeks a federal court ruling that Smith’s appointment by former Attorney General Merrick Garland was unlawful, then holds him accountable, in his personal capacity, for the alleged abuses of power during his investigation.
The senator and Republican gubernatorial nominee is seeking only $1 in damages.
“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 stated.
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.”
In a post to social media, Blackburn wrote, “Jack Smith went after me and thousands of other Americans for simply supporting President Trump. Today, I’m filing suit to hold him personally accountable for his egregious and unlawful actions.”
Jack Smith went after me and thousands of other Americans for simply supporting President Trump.
Today, I’m filing suit to hold him personally accountable for his egregious and unlawful actions.https://t.co/w6A6eODsOW
— Sen. Marsha Blackburn (@MarshaBlackburn) September 30, 2026
Hagerty announced his bar complaint against Smith around the same time Blackburn confirmed the lawsuit, alleging that Smith obtained phone records implicating constitutionally protected legislative activity, including conversations between congressmen about active legislation, in violation of the Speech and Debate Clause of the U.S. Constitution.
Further, Hagerty’s complaint charges Smith with seeking a nondisclosure order, prohibiting the telecommunications companies from informing their customers of his office’s request, without the approval of U.S. Chief Judge James Boasberg.
“I filed a bar complaint against Jack Smith this morning. He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order,” wrote Hagerty in a post to X.
“He should never be able to practice law again.”
To achieve this goal, Hagerty requested the Tennessee Board of Professional Responsibility to investigate and pursue disbarment.
I filed a bar complaint against Jack Smith this morning. He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order. He should never be able to practice law again.
Read the complaint here. Next up, @Verizon. pic.twitter.com/6CGVT37OIr
— Senator Bill Hagerty (@SenatorHagerty) September 30, 2026
The latest actions from Tennessee’s delegation to the U.S. Senate come shortly after Smith was revealed during congressional questioning to have obtained banking information from thousands of private individuals who donated to President Donald Trump, including some who donated as little as $1.
Smith claimed the data collection was part of his “duty to collect facts.”
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
Photo “Marsha Blackburn” by Marsha Blackburn. Photo “Bill Hagerty” by Bill Hagerty.
