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Legislators

Senators Demand Accountability for Rogue Special Counsel Jack Smith

Strategic Insights

— 2 min read

U.S. Senator Marsha Blackburn led eight members of Congress, including Senators Lindsey Graham, Tommy Tuberville, and Dan Sullivan, and U.S. Representative Mike Kelly, in sending a letter to U.S. Attorney General Pam Bondi calling for the referral of Special Counsel Jack Smith to the Department of Justice's Office of Professional Responsibility for investigation. The Senators accuse Smith of engaging in serious prosecutorial misconduct through the Arctic Frost investigation and accessing their private communications and phone calls without a sufficient rationale. They cite constitutional concerns, as the invasion of their privacy was directly connected to their core legislative functions protected by the Speech or Debate Clause of the Constitution.

Key Takeaways:

  • U.S. Senator Marsha Blackburn led eight members of Congress in sending a letter to U.S. Attorney General Pam Bondi, calling for the referral of Special Counsel Jack Smith to the Department of Justice's Office of Professional Responsibility for investigation.
  • Jack Smith allegedly engaged in serious prosecutorial misconduct by accessing the private communications and phone calls of eight U.S. Senators and a Member of the House of Representatives without a sufficient rationale or cause.
  • The Senators cite constitutional concerns, as the invasion of their privacy was directly connected to their core legislative functions protected by the Speech or Debate Clause of the Constitution.
  • The mission of the Office of Professional Responsibility is to ensure that Department attorneys perform their duties in accordance with the highest professional standards.
  • Jack Smith is licensed to practice law in Tennessee and New York, and the Rules of Professional Conduct strictly prohibit a lawyer from using means that have no substantial purpose other than to embarrass, delay, or burden a third person.
  • The Senators urge the U.S. Attorney General to promptly refer the findings of the Office of Professional Responsibility's investigation to both the Tennessee Board of Professional Responsibility and the relevant New York Attorney Grievance Committee, and consider all options in holding Smith accountable for this misconduct, including disbarment.

Statistics:

  • Number of U.S. Senators involved: 8 (including Senators Lindsey Graham, Tommy Tuberville, and Dan Sullivan, and U.S. Representative Mike Kelly)
  • Number of Members of the House of Representatives involved: 1
  • Date of issuance of federal grand jury subpoena: 2023
  • Date range of phone records accessed: January 4, 2021, to January 7, 2021

Sources:

  • United States Senator Marsha Blackburn (R-Tenn)
  • Letters to U.S. Attorney General Pam Bondi from Senators Marsha Blackburn et al. (no date provided)
  • Senate.gov: [Senator Blackburn Statement on DOJ's Warrantless Data Collection](https://www.senate.gov/~senjb)
  • Constitution of the United States of America: Speech or Debate Clause (Article I, Section 6, Clause 1)
  • Rules of Professional Conduct, Tennessee: Rule 4.4 (Prohibiting Harassment, Coercion, or Other Obstruction of a Witness or Prospective Witness)

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