Senator Marsha Blackburn, supported by several Republican colleagues, has formally referred former Special Counsel Jack Smith to the Department of Justice’s Office of Professional Responsibility (OPR) and two state bar associations for alleged prosecutorial misconduct. The referral stems from Smith’s 2023 investigation into former President Donald Trump, during which subpoenas were issued to telecommunications companies to obtain call metadata—such as time, duration, and recipient information—of Republican lawmakers, including Senators Lindsey Graham, Josh Hawley, and Marsha Blackburn, covering the period from January 4 to January 7, 2021.

The lawmakers contend that these actions violated constitutional protections, particularly the Speech or Debate Clause, which safeguards legislative activities from executive branch interference. They argue that the subpoenas lacked a clear legal basis and amounted to political surveillance. In their letter to Attorney General Pam Bondi, they assert that Smith’s conduct was a “weaponized witch hunt” and call for disciplinary measures, including potential disbarment in Tennessee and New York.

In response, Smith’s legal team maintains that obtaining telephone toll records through grand jury subpoenas is a standard and lawful investigative practice. They emphasize that the records did not include the content of conversations and were necessary for the investigation into efforts to overturn the 2020 election results. Smith’s attorneys also note that similar actions have been taken in past investigations, including those led by Special Counsel Robert Hur and under the Trump administration.

The controversy has intensified partisan tensions, with Republican lawmakers condemning the actions as a breach of constitutional rights and an overreach by the executive branch. The OPR’s forthcoming review will be closely watched, as it could set a significant precedent regarding the balance of powers between the legislative and executive branches.