Sen. Marsha Blackburn sues former special counsel Jack Smith over subpoenaed phone records
Sen. Marsha Blackburn (R-Tenn.) sued former special counsel Jack Smith, saying Smith's subpoena of phone records violated her rights and that Smith was unlawfully appointed. Only right-leaning outlets have covered it so far.
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The story, neutrally told
Sen. Marsha Blackburn, R-Tenn., sued former special counsel Jack Smith on Wednesday 30 September over the obtaining of her phone records during investigations of President Donald Trump. Just the NewsRC “Sen. Marsha Blackburn, R-Tenn., on Wednesday sued former special counsel Jack Smith over his accessing of her phone records as part of his investigations into President Donald Trump.” Read at Just the News ↗ Fox News reports the suit names Smith in a personal capacity and argues Smith was never lawfully empowered to act as special counsel. Fox NewsR “sued the former special counsel in his personal capacity Wednesday” Read at Fox News ↗ The complaint says Smith's office issued a grand-jury subpoena in May 2023 for Verizon toll records, with a nondisclosure order barring the company from telling customers, including Blackburn. The records did not show the contents of conversations but showed whom she communicated with, when and for how long. Fox NewsR “In May 2023, Smith’s office issued a grand-jury subpoena seeking Verizon toll records” Read at Fox News ↗
Blackburn alleges the records seizure violated the Constitution's Speech or Debate Clause, and Just the News says other senators' records were also obtained. Just the NewsRC “Blackburn's suit alleges that Smith's acquisition of her records violated the speech and debate clause of the Constitution.”“Smith obtained the phone records of several senators through a subpoena” Read at Just the News ↗ She seeks $1 in nominal damages and a declaration that Smith's appointment was unlawful. Fox News adds that the suit also asks for the records to be returned and destroyed. Just the NewsRC “She is seeking nominal damages of $1 and a declaration that Smith was unlawfully appointed” Read at Just the News ↗ Fox NewsR “the return and destruction of Blackburn's phone records” Read at Fox News ↗ The New Civil Liberties Alliance is representing Blackburn. It says Smith was not nominated or confirmed and that no statute authorized the appointment by then-Attorney General Merrick Garland. Fox NewsR “Blackburn's suit is being brought by the nonpartisan New Civil Liberties Alliance (NCLA) on her behalf” Read at Fox News ↗
Just the News says whether a special counsel needs Senate confirmation is a matter of legal debate, and notes that Judge Aileen Cannon previously found Smith's appointment illegal, though it says that ruling will likely not settle the matter. Just the NewsRC “U.S. District Judge Aileen Cannon previously found that Smith's appointment was illegal, but her ruling will likely not settle the matter.” Read at Just the News ↗ The suit follows Smith's testimony to the Senate Judiciary Committee the day before. Fox News says Smith acknowledged approving subpoenas for members of Congress while understanding nondisclosure orders prevented them from challenging the seizures. Fox NewsR “one day after his contentious Senate Judiciary Committee testimony” Read at Fox News ↗ Just the NewsRC “The former special counsel on Tuesday appeared before the Senate Judiciary Committee to answer questions about his investigations.” Read at Just the News ↗ At the hearing Smith rejected claims of partisan prosecution, saying the investigation developed proof beyond a reasonable doubt that Trump engaged in serious crimes. Fox News said it had asked Smith's counsel for comment on the suit, and no response is reported. Fox NewsR “investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation”“Fox News Digital reached out to Smith's counsel for comment.” Read at Fox News ↗
Every sentence links to the reporting it rests on.
Left1 outlet
No left outlet in our sources has covered this story yet.
Centre0 outlets
No centre outlet in our sources has covered this story yet.
Right3 outlets
- Framing
- Both outlets lead with Blackburn's suit as accountability for the phone-record seizure and a challenge to Smith's authority. Fox News gives it a detailed, first-on-Fox account that relies heavily on Blackburn and the NCLA. Just the News is a short, more neutral news report.
- Emphasis
- Secrecy of the subpoena and nondisclosure order, the Speech or Debate Clause, the appointment question, and the $1 nominal damages. Fox News also stresses the scale of Smith's subpoenas and the Senate hearing.
- Leaves out or plays down
- Fox News carries no outside legal view on the merits and no response from Smith, whose counsel it says it contacted. Just the News does not quote the plaintiffs or NCLA. Neither outlet carries any view from Smith's side or Democrats on the suit.
- Charged language
- “Arctic Frost witch-hunt”“weaponized”“faux authority”“Secret phone-record seizure”“gross abuses of power”
- For example
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“Through his Arctic Frost witch-hunt that targeted conservatives across America” — Fox News
“Secret phone-record seizure sparks personal lawsuit from GOP senator” — Fox News
“Whether a special counsel requires Senate confirmation is the subject of legal debate.” — Just the News
What every side reports
- Blackburn sued Smith on 30 September 2026.
- The suit seeks $1 in nominal damages and a declaration that Smith's appointment was unlawful.
- Smith's team subpoenaed phone records and a nondisclosure order kept the affected lawmakers from being notified.
- Smith testified before the Senate Judiciary Committee the day before the suit.
Where accounts differ
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Whether Smith's appointment as special counsel was lawful
- Right
- Fox News presents the plaintiff's and NCLA's position that Smith was 'illegally named' with no statutory authority. Just the News calls it a matter of legal debate, noting Judge Cannon's ruling that it was illegal and that the ruling will likely not settle the question.
Marsha Blackburn person
Blackburn says the suit is about holding Smith accountable and preventing the justice system from being weaponized, and describes Smith's investigation as an abuse of government power.
“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” — Fox News
Jack Smith person
Smith rejected allegations of corrupt or partisan prosecution at the Senate hearing. Coverage reports no direct response to the suit.
“Smith repeatedly hit back at allegations of corrupt or partisan prosecution” — Fox News
Left1 article
Centre0 articles
No coverage yet.
Right3 articles
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Blackburn sues Jack Smith for accessing her phone records
Neutral Brief report of the suit, with legal context on the appointment debate and Judge Cannon's earlier ruling.
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Secret phone-record seizure sparks personal lawsuit from GOP senator
Sympathetic Detailed account that adopts Blackburn's and the NCLA's framing of a secret seizure and an unlawful appointment.
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- 30 Sep 17:00 First Fox NewsR Secret phone-record seizure sparks personal lawsuit from GOP senator
- 30 Sep 19:06 +2h 6m Just the NewsRC Blackburn sues Jack Smith for accessing her phone records
- 30 Sep 20:50 +3h 50m Raw StoryL GOP senator sues Jack Smith for mocking 'Trump's complexion' after disastrous hearing
- 30 Sep 21:24 +4h 24m Washington ExaminerR Marsha Blackburn sues Jack Smith over her seized phone records during Arctic Frost investigation
Times are when each article was published, or when we first saw it if the outlet gave no time.