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Posted on 09/30/2026 12:25:27 PM PDT by DFG
A top Republican senator whose phone toll records were secretly subpoenaed during Jack Smith's investigation of President Donald Trump sued the former special counsel in his personal capacity Wednesday, arguing he was never lawfully empowered to wield the authority behind the Arctic Frost investigation.
The lawsuit, Senator Marsha Blackburn v. John L. Smith, argues the prosecutor lacked lawful authority to serve as special counsel and violated the lawmaker's rights by obtaining the records. Blackburn is asking a federal court to declare Smith's appointment unconstitutional, order the records destroyed and award $1 in nominal damages.
The case therefore seeks to test not only Smith’s tactics, but the legitimacy of the authority he claims to have exercised as special counsel appointed by then-Attorney General Merrick Garland during the Biden administration.
"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," Blackburn, R-Tenn., told Fox News Digital.
"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 said.
Blackburn’s suit argues that Smith lacked lawful authority to hold the office he purported to exercise, while separately seeking to impose personal liability on him for the way that purported authority was used against her.
(Excerpt) Read more at foxnews.com ...
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WTF? Demand $100 million.
Even though Smith won't pay it (the DOJ will), she can then donate it to a conservative free-speech group. Someone has to pay, and the crime will NEVER get attention unless the figure is large
Well, this looks interesting.
Maybe it’s a misprint ?
She wants it to succeed and doesn’t mind the price to make the point pass.
Even at a dollar it opens the floodgates so maybe it is not a misprint.
The public (and DC apparatchiks) will see it as a joke or insignificant with a $1 "punishment," even if she wins
The public's (and government's) collective mind is only drawn to large numbers.
Need to do a sort of cut and paste with this suit for all the donors who had their bank records pulled.
Where do the everyday, ordinary conservative citizens go ... who were also spied upon ... to join in on such a lawsuit?
Good for her.
You seem to be minimizing a patriot’s efforts in the way a communist would.
Why so you not applaud Senator Blackburn?
Resort to the "commie" slur - LOL. grow up
If you actually READ my posts, its a good idea what she's doing - but it will not have traction unless the number is LARGE.
Quick! We don’t do this! We’re gentlemen!! This makes is look petty!
Yeah - that argument is just as stupid here as it is when argued against Trump suing people.
If Blackburn wins here then a class action suit is a gimme.
I disagree. If she succeeds it will open the flood gate.
The word “nominal” would seem to indicate otherwise.
“A top Republican senator ... sued the former special counsel in his personal capacity Wednesday...”
It’s a CIVIL suit.
Well played!
Spying on American citizens is OK, but don’t you dare do it to a senator.
Exactly.
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