Smith testifies before Senate panel after dismissing Trump cases
Smith testified before Senate panel after dismissing Trump criminal cases post-2024 election.
Event / Politics
Jack Smith Special Counsel Investigation
Senator Marsha Blackburn filed a lawsuit against former Special Counsel Jack Smith on September 30, 2026, alleging constitutional violations in obtaining her phone toll records during investigations into January 6 and Trump's alleged 2020 election interference. The lawsuit challenges Smith's authority as special counsel and claims violations of the Speech or Debate Clause and Fourth Amendment.
2 reported locations
Daily activity
2 articles0 articles
2026-10-01 to 2026-10-31 · UTC publication dates
Coverage begins 1 Oct, 01:18 UTC
Follow the documented timeline or explore the related reporting.
What happened
Sen. Marsha Blackburn files lawsuit against former special counsel Jack Smith
Republican Senator Marsha Blackburn of Tennessee filed a lawsuit in the U.S. District Court for the Middle District of Tennessee against former special counsel Jack Smith on September 30, 2026. The lawsuit alleges that Smith violated her constitutional rights by obtaining her phone toll records during his investigation into the January 6, 2021 Capitol riot and Trump's alleged attempts to overturn the 2020 election results.
Smith obtained toll records of multiple members of Congress
During his investigation, special counsel Jack Smith obtained two categories of records from lawmakers: toll records showing phone numbers called and call duration, and records obtained from the National Archives containing messages between members of Congress and the Trump administration. Smith's team also secured nondisclosure orders from a federal judge that prevented phone providers from notifying the lawmakers whose records were obtained.
Blackburn claims constitutional violations in obtaining her toll records
Blackburn's lawsuit contends that Smith's collection of her telephone toll records violated the Speech or Debate Clause of the Constitution, her First Amendment right of association, her Fourth Amendment right against unlawful searches and seizures, and the Civil Rights Act. She argues Smith deliberately hid the fact that he was seeking lawmaker records from the presiding judge and phone providers.
Smith dismissed criminal cases against Trump after 2024 election victory
Special counsel Jack Smith dismissed both federal criminal cases he brought against Donald Trump in 2023. One case involved allegations that Trump unlawfully attempted to overturn the 2020 presidential election results. Smith cited Justice Department policy prohibiting the prosecution of sitting presidents as the reason for dropping the cases after Trump won the 2024 presidential election.
Jack Smith testifies before Senate Judiciary Committee about investigation
Former special counsel Jack Smith testified before the Senate Judiciary Committee on September 29, 2026, regarding his investigation into former President Donald Trump. During the hearing, Smith discussed how he obtained toll records and other communications from members of Congress as part of his probe into Trump's alleged efforts to overturn the 2020 election and the January 6 Capitol riot.
Blackburn's lawsuit challenges Smith's appointment as special counsel
Blackburn's lawsuit alleges that Jack Smith was unconstitutionally appointed as special counsel because he was an attorney from outside the U.S. Government who was not nominated by the President, confirmed by the Senate, or appointed by a department head with legal authority. This challenge relates to the Appointments Clause of the Constitution and echoes arguments previously made by Judge Aileen Cannon.
Read the coverage
2 alternative perspectives
Blackburn sues Smith over appointment and toll record access
Blackburn sues Smith over appointment validity and toll record collection methods.