Authored by Troy Myers via The Epoch Times,
Sen. Marsha Blackburn (R-Tenn.) on Wednesday sued former special counsel Jack Smith and the Department of Justice (DOJ) over a subpoena Smith's office issued for her phone records during his investigation of President Donald Trump's actions around Congress's certification of the 2020 election.
Blackburn alleged Smith violated her constitutional rights and was unlawfully appointed. She asked the U.S. District Court for the Middle District of Tennessee to order the Justice Department to destroy the records or return them.
The senator opened her lawsuit with the quote: "The prosecutor has more control over life, liberty, and reputation than any other person in America," from former attorney general and later Supreme Court justice Robert Jackson.
Blackburn claimed that Smith violated her First Amendment right of association and Fourth Amendment right against unreasonable searches and seizures.
She accused the former special counsel of violating the Speech or Debate Clause in the Constitution, which provides members of Congress and their aides with immunity from criminal prosecutions or civil suits stemming from their actions taken within their official duties.
The Supreme Court has previously said this legislation must not be interpreted literally but instead be construed broadly to accomplish the proper separation of
