Tenn. Judges Recuse Selves En Masse From Blackburn Suit

An outside judge will be assigned after Tennessee district court's blanket recusal
Posted Oct 8, 2026 9:52 AM CDT
4 Judges Recuse Themselves From Blackburn's Lawsuit
Sen. Marsha Blackburn, R-Tenn., arrives for final votes before the midterm break at the Capitol in Washington, Wednesday, Sept. 30, 2026.   (AP Photo/J. Scott Applewhite)

Every judge in Nashville's federal trial court has stepped away from Sen. Marsha Blackburn's lawsuit against Jack Smith. As Newsweek reports, a Monday order says all four active judges in the Middle District of Tennessee have recused themselves from the case, which challenges Smith's decision to obtain Blackburn's cellphone metadata during his "Arctic Frost" investigation into efforts to overturn the 2020 election. "We look forward to vindicating Senator Blackburn's civil liberties as the case continues," Blackburn lawyer Margaret Harker tells Newsweek of the recusals, adding that there is "no further information concerning the basis" for them.

No reason or specific conflict of interest for the mass recusal was given; two of the judges were appointed by President Trump, and one each by former Presidents Clinton and Obama. The Court of Appeals for the 6th Circuit will now assign an outside judge. Blackburn alleges violations of the Speech or Debate Clause and the First and Fourth Amendments, calls the probe an abuse of power, and seeks a ruling that Smith's appointment and the collection of records were unlawful, plus $1 in damages.

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