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Sen. Marsha Blackburn sues ex-Special Counsel Jack Smith, says he illegally obtained her phone records

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Chamberlain, S. (2026, October 1). Sen. Marsha Blackburn sues ex-Special Counsel Jack Smith, says he illegally obtained her phone records. New York Post. https://nypost.com/2026/10/01/us-news/sen-marsha-blackburn-sues-ex-special-counsel-jack-smith-says-he-illegally-obtained-her-phone-records/

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New York Post · collected 2026-10-01 · by Samuel Chamberlain

Quick Summary

Senator Marsha Blackburn has sued former special counsel Jack Smith and the Justice Department for allegedly illegally obtaining her phone records during his investigation into President Trump’s efforts to overturn the 2020 election results. Filed in Nashville federal court, Blackburn's lawsuit claims that Smith violated constitutional protections by subpoenaing her call logs without notifying her or Verizon, her phone service provider. Along with this lawsuit, Blackburn is demanding the destruction or return of any materials related to her still held by Smith or the DOJ and contesting his November 2022 appointment as illegal.
Written by AI on 2026-10-01, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

Sen. Marsha Blackburn (R-TN) filed a lawsuit on Wednesday against Jack Smith, former special counsel and head of the Arctic Frost investigation, in the U.S. District Court for the Middle District of Tennessee. The suit claims that Smith’s subpoena to obtain Blackburn's phone records violated her rights under the Speech or Debate Clause, First Amendment right to association, and Fourth Amendment protections against unreasonable searches. Additionally, Blackburn argues that Smith's appointment by then-Attorney General Merrick Garland was unconstitutional. The Arctic Frost investigation involved secretly obtaining the phone records of several Republican lawmakers including Blackburn and eight other senators from their carriers without notifying them. Blackburn seeks to have Smith’s actions declared unlawful and all seized material destroyed or returned.

Written for “Blackburn Sues Smith Over Phone Records” on 2026-10-31, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Blackburn Sues Smith Over Phone Records
Politics · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads unscored and hedges 6% of its claims. Each row says how that neighbour differs.
Washington Examiner
Hedges 1 of 19 claims Outlet record 70/100
Fox News
Hedges 2 of 27 claims Outlet record 70/100
“The articles describe different aspects related to Jack Smith's investigation but do not report on the same specific incident.”
Washington Examiner
Hedges 2 of 18 claims Outlet record 70/100
“Article A discusses a whistleblower disclosure about Jack Smith collecting journalists' private messages, while Article B reports on Senator Marsha Blackburn suing Jack Smith for allegedly obtaining her phone records illegally.”
New York Post
Hedges 2 of 14 claims Outlet record 66/100
“Article A describes Sen. Marsha Blackburn's lawsuit against Jack Smith for allegedly illegal phone record acquisition, while Article B discusses broader abuses of prosecutorial powers by Smith without mentioning Blackburn's specific legal action.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
16
sentences that state something as happening or true
Uncertain
6%
1 of 16 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
66/100
New York Post's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-01 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

New York Post · 15411 article(s) · 35 correction(s) detected
Running correction rate · 35 correction(s)

Who wrote this

Samuel Chamberlain
13 article(s) here · 1 carrying a prediction
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🔮 Trump went on to use the term twice more, writing: “Darline is a High Quality person, maybe the Highest, and Annie Trannie is not, in particular, as it pertains to representing the Values of the Great People of South Carolina — She is in favor of Transgender for Everyone, Open Borders, Defunding the Police, High Taxes, a Weak Military, and will absolutely fight to take your guns away — In other words, she is against our Great Second Amendment!
🔮 This year’s annual celebration of the performing arts will be held Dec. 7 at Capital One Arena in downtown Washington, DC, a center spokesperson announced Friday.
🔮 “Verizon willfully handed over my call logs to the Biden FBI without hesitation, empowering Jack Smith’s witch hunt targeting Republicans for political gain,” Blackburn told The Post in a statement at the time.
🔮 That’s not a base case, but it would be irresponsible not to.”
🔮 I have not made any decisions about what I might do in the future.
🔮 President Trump announced Friday that his administration had concluded a deal with Denmark to take over security for the island of Greenland, raising hopes that one of the major points of contention between the US and Europe would be settled. “
🔮 Iranian commuters pass a huge anti-US billboard reading in Persian, "The devil army will be drowned in the Persian Gulf", erected on Enghelab Square in Tehran on Monday, September 14, 2026.
Also by Samuel Chamberlain
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 13 articles by Samuel Chamberlain →

Topics

AT&T Democrat Republican Tennessee Verizon

Subjects

Smith PERSON · 9× Blackburn PERSON · 6× Verizon ORG · 5× Tennessee GPE · 4× Republican NORP · 3× Trump PERSON · 3× AT&T ORG · 2× Democrat NORP · 2× Hagerty ORG · 2× Jack Smith’s PERSON · 2×

Narrative

Blackburn’s lawsuit, filed in Nashville, accuses Smith of “gross abuse of power and … disregard for the Constitution’s Separation of Powers, the Speech or Debate Clause, the First Amendment right of association, [and] the Fourth Amendment right to be free from unreasonable searches and seizures” by subpoenaing the phone records of the Tennessee Republican and eight of her Senate colleagues, then securing a court order preventing Blackburn’s carrier, Verizon, from alerting her to the request.
framing: assertive · carried by 1 article(s) · first seen 2026-10-01
🔮 “Verizon willfully handed over my call logs to the Biden FBI without hesitation, empowering Jack Smith’s witch hunt targeting Republicans for political gain,” Blackburn told The Post in a statement at the time.

Claims (16 extracted, 1 hedged)

Sen. Marsha Blackburn sued former special counsel Jack Smith and the Justice Department in Tennessee federal court Wednesday, charging that the prosecutor wrongfully obtained her call logs during his investigation into President Trump’s attempt to overturn the 2020 election outcome. asserted
prosecutor → sue → outcome
Blackburn’s lawsuit, filed in Nashville, accuses Smith of “gross abuse of power and … disregard for the Constitution’s Separation of Powers, the Speech or Debate Clause, the First Amendment right of association, [and] the Fourth Amendment right to be free from unreasonable searches and seizures” by subpoenaing the phone records of the Tennessee Republican and eight of her Senate colleagues, then securing a court order preventing Blackburn’s carrier, Verizon, from alerting her to the request. asserted
lawsuit → file → request
Blackburn, who is running for Tennessee governor, is seeking to have Smith’s November 2022 appointment by then-Attorney General Merrick Garland formally declared illegal, in addition to the effort to obtain her phone records. asserted
appointment → run → records
She also wants any of her material still in Smith or the DOJ’s possession to be destroyed or returned to her. asserted
any → want → her
Smith’s receipt of phone records as part of the so-called “Arctic Frost” investigation was revealed by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) in October of last year. asserted
receipt → call → year
had their addresses, inbound/outbound call and text records, and payment information handed over to Smith’s team. asserted
addresses → inbound → team
While Verizon complied with the special prosecutor’s grand jury subpoena, a similar request from Smith’s office to AT&T was denied. asserted
request → comply → AT&T
“Verizon willfully handed over my call logs to the Biden FBI without hesitation, empowering Jack Smith’s witch hunt targeting Republicans for political gain,” Blackburn told The Post in a statement at the time. asserted
Blackburn → hand → time
“It turns out that activist [DC federal] Judge [James] Boasberg also ordered Verizon not to inform me of the subpoena, falsely claiming I might destroy so-called evidence,” Blackburn said. uncertain
Blackburn → turn → evidence
“There was no criminal predicate, no justification, and no excuse for Verizon aiding Jack Smith’s spying operation, especially when AT&T refused to comply under the same circumstances.” asserted
AT&T → be → circumstances
“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation,” Smith told lawmakers. asserted
Smith → develop → lawmakers
“If asked whether to prosecute a former president based on the same facts today, I would do so regardless of whether that president was a Republican or a Democrat.” asserted
president → ask → facts
Trump was charged with four counts related to his attempt to remain in power following the 2020 election, but the case was shelved after the Republican won the 2024 election over Democrat Kamala Harris. asserted
Republican → charge → Harris
Separately Wednesday, Hagerty announced he had filed a bar complaint against Smith in Tennessee, where he worked as a federal prosecutor and corporate attorney prior to his appointment by Garland. asserted
he → announce → Garland
“He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order,” Hagerty wrote of Smith on X. asserted
Hagerty → ’ → X.
“He should never be able to practice law again.” asserted
He → practice → law
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