Marsha Blackburn Sues Jack Smith, DOJ Over Her J6 Phone Records

Sen. Marsha Blackburn is taking Jack Smith to court over a subpoena tied to President Trump's election interference probe. The Tennessee Republican sued Smith and the Justice Department on Wednesday, reports the New York Times, arguing that obtaining her phone toll records during the Jan. 6 investigation violated the Constitution's speech or debate clause, which shields legislative activity. She's asking for a declaration that Smith conspired to violate her rights, $1 in symbolic damages, and an order to destroy her records.

Smith, who led the Trump inquiry, had approved subpoenas for lawmakers' call logs—not contents—along with gag orders to keep carriers from notifying them. He told senators this week that lawmakers were not targets and that the data backed up evidence of Trump's efforts to delay Electoral College certification. Blackburn's lawsuit comes a day after Smith's testimony before the Senate Judiciary Committee, of which Blackburn is a member, reports Politico. Courts have never held that the speech or debate clause blocks such subpoenas.