Tom Pappert, lead reporter at The Tennessee Star, detailed U.S. Senator Marsha Blackburn’s plans to sue former Special Counsel Jack Smith, specific FBI agents, and Biden-era DOJ officials over allegations that these officials illegally surveilled her and several other Republican members of Congress by obtaining their private phone records without proper justification.
Earlier this month, it was reported that Smith was allegedly tracking the private communications and phone calls of the Republican lawmakers as part of his “Arctic Frost” investigation into the January 6, 2021, Capitol protest.
As part of “Arctic Frost,” the Biden-era DOJ issued subpoenas to several telecommunications companies in 2023 regarding the Republicans’ cell phone records, gaining access to the times, recipients, durations, and locations of the calls placed on their devices from January 4, 2021, to January 7, 2021.
Those targeted by the surveillance include Blackburn, U.S. Senators Bill Hagerty (R-TN), Lindsey Graham (R-SC), Josh Hawley (R-MO), Dan Sullivan (R-AK), Tommy Tuberville (R-AL), Ron Johnson (R-WI), Cynthia Lummis (R-WY), and U.S. Rep. Mike Kelly (R-PA-16).
On Wednesday, Blackburn announced her plans to sue over the surveillance of herself and other Republican senators as part of “Arctic Frost.”
Pappert, on Thursday’s edition of The Michael Patrick Leahy Show, explained Blackburn claims the surveillance violated her First and Fourth Amendment rights, as well as protections under the Speech and Debate Clause and the separation of powers between branches of government.
“When you look at what these senators were actually doing, it’s completely protected, at least in my opinion, by the U.S. Constitution. Of course, you have the First Amendment, which they were engaged in via their communications, private communications, by the way, the Fourth Amendment, they had their privacy violated by the federal government and didn’t find out about it for years. But then also congressmen benefit from the Speech or Debate Clause of the Constitution, where they’re allowed to engage in political discussions that may veer into uncharted territory without facing arrest,” Pappert explained.
“There’s also separation of powers: You have the judiciary attacking the legislature here, which is insane. And then of course, there’s the Stored Communications Act. These were all things brought up by Blackburn as possible points for this lawsuit. I don’t think Jack Smith or his associates have any answers to any of this,” he added.
Pappert emphasized that the surveillance of the Republicans reportedly occurred months before President Donald Trump was ever indicted, suggesting the DOJ’s actions were politically motivated and targeted lawmakers who supported Trump’s objections to the 2020 election results.
He noted Blackburn and several colleagues were involved in discussions about whether to certify votes on January 6, 2021, and that these conversations should have been constitutionally protected legislative activity.
“Blackburn was part of the effort to decertify and reexamine the votes on January 6th before the riot sent everything off course. And it seems as though, according to her interview yesterday, she now has been briefed that Jack Smith actually ordered this surveillance of her and the other senators before President Trump was ever indicted. In fact, several months before,” Pappert said.
Regarding venue and timing, Pappert speculated that Blackburn’s lawsuit will be filed soon, possibly in the Middle District of Tennessee, where the senator resides.
Pappert also floated other possible venues, such as the District of Columbia, Eastern Virginia, or New Jersey—where Verizon is based—but emphasized that filing in Tennessee could yield a fairer trial than in D.C.
“We know the Jack Smith Special Counsel was based out of Washington D.C. The problem with that, of course, is you have all of these far left activist judges combined with a jury pool that is 95+ percent Democrat. So I don’t see that working favorably for the senator,” Pappert noted.
“Now, of course, the Middle District of Tennessee is where Blackburn would’ve suffered the impact of these allegedly illegal activities that she is putting in her lawsuit, so I think she would have a good case to file there,” he added.
Pappert also pointed to Blackburn’s timing of the lawsuit, suggesting its political significance as she is running in the 2026 Tennessee Governor’s race.
“In terms of the sheer politics, Blackburn announced this lawsuit, of course, a little more than a year before the 2026 [gubernatorial] midterms. If this lawsuit is filed quickly, I think she might be able to get some sort of victory before this time next year. As the Justice Department, of course, is no longer in Democratic hands, I think it would behoove her to file sooner than later,” Pappert said.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Sen. Marsha Blackburn” by Sen. Marsha Blackburn.
