Congress
Blackburn sues Jack Smith for obtaining her phone records
A close Capitol Hill ally of President Donald Trump is suing the Justice Department and former special counsel Jack Smith for obtaining her phone logs in the course of his investigation into Trump’s bid to subvert the 2020 election.
Sen. Marsha Blackburn (R-Tenn.) filed suit a day after Smith testified to the Senate Judiciary Committee — on which Blackburn sits — and defended his office’s investigation, including its effort to obtain the records of Blackburn and dozens of other GOP lawmakers who spoke with Trump and his advisers during a four-day period in January 2021.
Blackburn argues that Smith committed a “gross abuse of power” and violated constitutional protections for members of Congress when he subpoenaed her phone logs from Verizon and secured a court order to prevent the company from alerting her. She’s asking a federal judge to declare Smith’s entire probe, as well as his effort to obtain her phone records, was illegal. She’s also asking that the judge order Smith and the Justice Department destroy or return any of her materials.
Smith contended that he sought the phone logs — which don’t include the content of calls or text messages — as part of his probe into Trump’s bid to overturn the election results, even as a mob of his supporters were ransacking the Capitol on Jan. 6, 2021. Trump and his aides continued to work the phones that night and encourage lawmakers to derail the transfer of power to Joe Biden.
Smith insisted that his effort to obtain lawmakers’ phone records was cleared by the Justice Department’s Public Integrity Section and complied with all department regulations.
But senators said his effort to obtain those call records ran afoul of the Constitution’s speech or debate clause, which provides blanket immunity for lawmakers from being scrutinized by prosecutors for their official business.
Stan Brand, former counsel to the House of Representatives under former Speaker Tip O’Neill (D-Mass.), said Blackburn may have a worthy case to test whether members of Congress can win legal relief for violations of the speech or debate clause. That issue is more commonly litigated during criminal cases and before investigators can access members’ records. But in this case, Brand said, the purported violation had already occurred without her knowledge.
“How do you remedy that after the fact?” Brand said. “I think it’s worthy of consideration.”
Blackburn’s lawsuit could put the Justice Department in a bind. Though Trump himself has attacked Smith’s investigation as unconstitutional — and U.S. District Judge Aileen Cannon concluded Smith’s appointment was illegal — the Justice Department has never conceded that point. And DOJ has long defended its practice of obtaining secrecy orders from federal courts to prevent telecom companies from disclosing subpoenas to their subscribers.
In 2023, the D.C. Circuit Court of Appeals cleared the way for Smith’s team to access a subset of records it seized from Rep. Scott Perry’s (R-Pa.) phone, though it ruled that courts had to conduct a “fact-specific” inquiry to determine whether some records were “legislative” in nature and therefore off-limits to investigators.
Sen. Ron Johnson is sending a letter Monday requesting a conference meeting to discuss the midterm results and a delay in the leadership election.
Johnson has gathered enough signatures to force the meeting under the Senate GOP’s rules and is proposing the gathering for 9 a.m. Tuesday.
“Tuesday’s result was a stunning defeat,” Johnson and his backers write in the letter to Conference Chair Tom Cotton (R-Ark.), a copy of which was obtained by POLITICO. “Holding leadership elections without engaging in a robust discussion and evaluation of how those running for leadership intend to lead would be political malpractice”
Republicans still expect their leadership election to be held Tuesday, where Majority Leader John Thune is so far unopposed to lead the party next year in the minority.
Sen. Chris Murphy announced Friday that he has been released from the hospital after suffering a stroke last week, but will miss “several weeks” of Senate votes while he continues to recover.
“The doctors are very encouraged by the progress I’ve made so far,” the Connecticut Democrat said in a statement. “In order to take my recovery seriously and get back to work on the quickest timeline possible, I will be spending several weeks at a rehabilitation center after being discharged from the hospital today.”
He added that he remains in touch remotely with his staff and colleagues.
Murphy, who was hospitalized last weekend, said Friday that he was “diagnosed with a small bleed in the thalamus region of my brain.” Jose Suarez, the Chief of Neurosciences Critical Care at The Johns Hopkins Hospital, said in a separate statement released by Murphy’s office that the senator “experienced a small hemorrhagic stroke.”
“He has shown tremendous progress, and at the current rate of improvement, we expect that he will make a full recovery following rehabilitation,” Suarez added.
Murphy is the latest senator to suffer a stroke in recent years. Sens. Chris Van Hollen (D-Md.) and Ben Ray Lujan (D-N.M.) were both hospitalized for strokes in 2022. Sen. John Fetterman (D-Pa.), at that time a Senate candidate, also had a stroke in 2022 that he later described as near fatal.
The head of the Congressional Progressive Caucus said his group will still be power brokers in a massive Democratic majority in a strategy memo previewing plans for next term.
“While some in the press have speculated that a majority of this size undermines our influence within the caucus, they have it exactly backwards,” Rep. Greg Casar of Texas said in the Friday memo obtained by Blue Light News. “Big majorities are good for getting big things done. Our goal is not to win a battle against other Democratic caucuses. It is to pass longstanding progressive priorities that bring down costs, root out corruption, and boost wages.”
The CPC will have at least 105 members next term, according to the memo. If Democrats had a narrow majority, progressives — and any other faction in the caucus — could have used their votes as leverage. Now that presumptive speaker Hakeem Jeffries will have as many 30 votes to spare, Democrats broadly are recalibrating their approach next term.
Casar laid out a “three-pronged” strategy for the CPC to “wield our power” in the three-page memo — tackling legislation, oversight and “holding Donald Trump to his word on populist economic policies.”
“Small majorities give corporate special interest groups the ability to block popular populist policies by recruiting a small number of opponents; a big majority gives us the advantage,” he said.
Casar previewed how the CPC can engage with Trump, noting that “one of the few bright spots for bipartisan lawmaking” was a housing bill that banned private equity firms from buying homes. He noted the caucus should push Trump to cap credit card interest rates, lower credit card fees for small businesses and lower prescription drug costs.
“While we oppose [Trump] strongly on the vast majority of fronts, we should send bills to his desk that would lower prices and raise paychecks. If he signs them, good. If he vetoes those bills, that will propel us to a continued Democratic majority and a trifecta where a Democratic president can sign these proposals into law,” he said.
Casar also outlined oversight targets beyond the administration, urging Democrats to specifically investigate corporations that use customer data for “surveillance pricing,” health care companies that are “taking advantage of seniors” through the Medicare Advantage program and artificial intelligence labs who are “putting jobs and lives at risk.”
“By focusing not just on the Trump administration but also on big corporations and billionaires, we will show the American people we are not just anti-Trump but also pro-worker and pro-consumer,” he said.
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