U.S. Sen. Marsha Blackburn has filed a lawsuit against former Special Counsel Jack Smith, accusing him of unlawfully subpoenaing her cell phone toll records as part of the Arctic Frost investigation. The suit was filed on Blackburn’s behalf by the New Civil Liberties Alliance and seeks a symbolic $1 in damages.
According to the U.S. Senate Committee on the Judiciary, the FBI sought and obtained data about senators’ phone use from Jan. 4 through Jan. 7, 2021. Eight Republican senators and one House member were reportedly swept up in the surveillance.
Eight GOP Senators Named in Arctic Frost Surveillance
The Senate Judiciary Committee identified the following lawmakers as targets of the Arctic Frost investigation:
- Sen. Lindsey Graham (R-S.C.)
- Sen. Bill Hagerty (R-Tenn.)
- Sen. Josh Hawley (R-Mo.)
- Sen. Dan Sullivan (R-Alaska)
- Sen. Tommy Tuberville (R-Ala.)
- Sen. Ron Johnson (R-Wis.)
- Sen. Cynthia Lummis (R-Wyo.)
- Sen. Marsha Blackburn (R-Tenn.)
- Rep. Mike Kelly (R-Pa.)
Smith was reportedly among those who reviewed the records, which included details on who Blackburn spoke with, when the calls occurred, and how long they lasted. The New Civil Liberties Alliance argues that Smith specifically targeted conservative lawmakers and organizations in 2023 during the probe.
Blackburn Calls the Investigation a ‘Witch Hunt’
Blackburn did not hold back in describing the investigation. In a statement tied to Blackburn lawsuit against Jack Smith, she said,
“Through his Arctic Frost witch hunt that targeted conservatives across America and even the President of the United States, Jack Smith perpetrated one of the worst abuses of government power in our nation’s history.”
She added,
“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. I thank the New Civil Liberties Alliance for their partnership in filing this complaint and for fighting to uphold our cherished constitutional rights.”
What Comes Next in the Case
The lawsuit, while seeking only $1 in damages, is framed as a matter of principle and accountability rather than financial remedy. The New Civil Liberties Alliance, a nonprofit legal group that frequently challenges government overreach, is leading the case.
The outcome could set a precedent for how future special counsels handle the phone and communication records of sitting members of Congress. No trial date has been announced.
