Blackburn says "Five members of this committee" had their "phone records subpoenaed by Jack Smith"
U.S. senator from Tennessee and chair of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law, one of the senators she said had phone records subpoenaed
“Five members of this committee, Senators Graham, Lee, Cruz, Hawley, and I, had our phone records subpoenaed by Jack Smith, in addition to several other senators and members of the House. ... He also made sure that we didn't find out about this deep invasion of our privacy, ensuring that an Obama appointee, Judge James Boasberg, signed non-disclosure orders that were attached to the subpoenas and had no basis in fact. ... concluded essentially that while there was some litigation risk related to the Speech and Debate Clause, they could go ahead with the subpoenas regardless because the affected members of Congress would never find out about this invasion of privacy and violation of constitutional rights. ... This was the worst weaponization of government in American history”
Source and context
Original video
About this source
Senate Judiciary Committee's archived video of the February 10, 2026 subcommittee hearing. Sen. Marsha Blackburn, who chaired the subcommittee, said five members of the Judiciary Committee had their phone records subpoenaed and criticized the nondisclosure orders.
Archived copy (opens in a new tab)Official statement
About this source
Sen. Marsha Blackburn's office released abridged excerpts of her opening remarks at the February 10, 2026 Senate Judiciary subcommittee hearing on Arctic Frost. The excerpts leave out some passages with ellipses, so the hearing video is the full record of her words.
Archived copy (opens in a new tab)Before the quotation
Blackburn, who chairs the subcommittee, opened a hearing that she said was the first in a series examining Arctic Frost, with testimony from executives of AT&T, T-Mobile and Verizon about how their companies responded to Smith's subpoenas.
After the quotation
After Blackburn's opening remarks, Sen. Dick Durbin (D-IL) gave his own opening statement, and Blackburn then questioned the carriers' executives, including Verizon's Chris Miller, about their handling of members' records.
How this statement is classified
Case context: Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
The label describes this statement’s response within the context above.
Why this label?
The case asks whether the collection of members' phone records and messages was proper. Blackburn said the subpoenas covered committee members' phone records, that the nondisclosure orders had no basis in fact, and that the team went ahead despite Speech or Debate risk because members would not find out. That rejects the collection as improper, so we labeled it Condemned.
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Were members of Congress's phone records and text messages properly obtained in the Arctic Frost and Jack Smith investigations?
Explore the case context, sources and public responses.
More from this case
Read the full case“for all of the outrage of my colleagues over your requesting toll records because Rudy Giuliani and other co-conspirators were calling some of the members of this body ... the Barr Justice Department sought toll records from members of Congress. Not a peep from my colleagues about that ... That apparently was okay. That apparently doesn't violate speech and debate. ... My colleagues talked about the stress on members of having their toll records requested as witnesses, not even targets.”Read statement
“It's been widely reported that you and your team issued some 44 subpoenas related to the tolling records of at least 20 Republican members of Congress, including at least eight U.S. senators, including at least four members of this committee ... it appears the actual reason for the NDOs was to avoid giving those members the opportunity to challenge the subpoenas pursuant to the protection that they enjoyed under the Constitution's speech and debate clause. ... Your team took actions to directly undermine the separation of powers at the heart of the Constitution.”Read statement
“the Department of Justice's own Public Integrity Section, it did give you explicit warnings that going after the phone records of members of the legislative branch carried what they referred to as litigation risks due to these constitutional privileges. ... you never actually told Chief Judge Boasberg that you were targeting 19 members of a coordinate branch of government, the legislative branch. ... There should be an articulated basis for secrecy when you're asking for a gag order. ... in a way that arguably makes what Richard Nixon did in Watergate look like a Sunday picnic.”Read statement