What happens when a federal investigator secretly obtains a U.S. senator's phone records—and prevents her from challenging the search?

NCLA has filed a lawsuit on behalf of Senator Marsha Blackburn against former Special Counsel Jack Smith, challenging his acquisition of her telephone records during the Arctic Frost investigation.

On this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA attorney Caitlin Moyna to discuss the lawsuit, the constitutional protections at stake, and the extraordinary circumstances surrounding the subpoenas.

According to NCLA's complaint, Smith sought telephone records belonging to members of Congress, identifying the targets by their phone numbers rather than their names. His team also obtained nondisclosure orders preventing telephone providers from alerting anyone about the subpoenas. NCLA alleges that investigators failed to tell the court that the records belonged to sitting members of Congress.

The lawsuit argues that these actions violated the Constitution's Speech or Debate Clause, which protects legislative independence from executive interference, as well as the Fourth Amendment. NCLA also challenges the constitutionality of Smith's appointment as Special Counsel.

John and Caitlin discuss why these protections matter, what newly disclosed documents suggest about the government's awareness of congressional privileges, and why Senator Blackburn is seeking accountability rather than a large monetary award.

They also explain an unusual development: all four district judges in the Middle District of Tennessee have recused themselves from the lawsuit.

At stake is a fundamental question about separation of powers: Can executive-branch investigators circumvent constitutional protections designed to safeguard Congress from government interference?