Sens. Marsha Blackburn, and John Kennedy, take on dirty Jack Smith

 by Monica Showalter

After a fawning media show that treated congressional testimony by former Special Council Jack Smith as objective fact, Sen. Marsha Blackburn has decided to correct the record, in a headline-getting way.

According to Fox News:

FIRST ON FOX: 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.

Her case looks like it would hold up in an objective court. Prosecutors are not supposed to tap phones without a warrant. They also aren't supposed to ask a judge for the warrant without telling the truth, which Smith never did. 

Her third point seems to be the most important one --  the Appointments Clause of the U.S. Constitution requires a Senate-approved U.S. Attorney to serve in the role of Special Council and Smith was neither of those. His documents case against President Trump was thrown out of court in Florida because Smith's appointment was so nakedly at odds with the law.

And with Smith being essentially some dude off the street and not a professional sitting justice official as the law mandated, he pretty much did things the way he felt like doing them, unbound by any law.

Sen. John Kennedy of Louisiana had his number, in this masterpiece of exposing a liar:

"You just made me throw up in my mouth."

Obviously, Smith's a liar, as Kennedy later commented on Fox News.

And obviously, Smith had been sneaking around, reading every Republican elected official in Congress's phone records in a strip-mining-style or fishing-trawler-style maneuver even though the law generally prohibits that. After he got the records, who knows who he might have distributed them to for political purposes, in contravention to U.S. law. He never bothered to tell his judge upon asking for the warrant to trawl how many people he planned to spy on, which is another violation of the law. Kennedy grilled Smith on his and his wife's close ties to the Democrats as Smith haughtily protested that he wouldn't talk about his 'family,' meaning, his Obama-linked wife, which pretty well left little doubt that he was working for the Democrats. Kennedy, in an earlier part of the video clip, also exposed Smith as clamoring for the job among the Obama officials.

Now he's got  Blackburn's lawsuit to deal with, and she's one of the more astute members of Congress, so he won't have much luck getting past that. 

In light of the fawning coverage Smith received from the press, it's a satisfactory ending for this hearing, Blackburn going after him after his long spree with lawlessness and abuse of power. It's about time he received his comeuppance.

https://www.americanthinker.com/blog/2026/10/sens-marsha-blackburn-and-john-kennedy-take-on-dirty-jack-smith/