Sen. Marsha Blackburn (R-TN) filed a federal lawsuit Wednesday against former special counsel Jack Smith in his personal capacity, alleging his appointment was unconstitutional and that he improperly obtained her Verizon phone toll records.

The complaint, filed as Senator Marsha Blackburn v. John L. Smith, argues that Smith lacked lawful authority to serve as special counsel because he was never nominated by the president or confirmed by the Senate, and no statute authorized the appointment. Blackburn seeks a court declaration that the appointment violated the Constitution, an order for the return and destruction of her records, as well as just $1 in nominal damages.

Jack Smith is a veteran federal prosecutor with decades of experience. He previously led the Justice Department's Public Integrity Section and served as a war crimes prosecutor in The Hague. Attorney General Merrick Garland appointed him special counsel in November 2022 to oversee investigations into former President Donald Trump.

The suit stems from a May 2023 grand jury subpoena issued during Smith's "Arctic Frost" investigation into Donald Trump and the 2020 election. That probe followed alleged mishandling of classified documents by Trump as well as Democrat claims of an illegal conspiracy to challenge the 2020 election results, including communications among Republican lawmakers. The subpoena targeted Blackburn's Verizon toll records, which revealed communication patterns but not call contents. A nondisclosure order prevented Verizon from notifying her.

Blackburn stated the action holds Smith accountable for what she described as one of the worst abuses of government power in the nation's history. Her attorneys contend the subpoena violated her First and Fourth Amendment rights as well as separation of powers protections for members of Congress.

The case builds on earlier revelations from Senate Judiciary Committee oversight that Smith's office obtained phone records from multiple Republican senators without their knowledge. Blackburn has previously called for investigations into the matter and pushed for accountability from telecommunications companies involved.

The lawsuit tests both the legitimacy of Smith's special counsel role and the tactics used in the investigation. It comes amid ongoing congressional scrutiny of the Biden-era Justice Department actions that allegedly targeted conservatives and elected Republican lawmakers.

Blackburn has emphasized that the fight centers on preventing future weaponization of federal law enforcement rather than seeking personal financial gain.