Marsha Blackburn’s new lawsuit against Jack Smith has a fatal flaw
Blackburn sued Jack Smith, alleging that his investigation unlawfully obtained her congressional phone records.

SOURCE CHECK
TAP FOR WHYMS NOW is an established national news organization, and the piece identifies its author and attributes reporting and analysis to other named outlets. Its argumentative blog format makes this less like a straight report, but does not by itself undermine the publisher’s institutional credibility.
- Source type — Established national news publisher.
- Author attribution — The article identifies Steve Benen as its author.
- Editorial standards — The publisher appears to operate as a professional newsroom, though this is an argumentative blog post.
The piece provides relevant context and attributes claims to Blackburn and several named news organizations. It relies largely on secondary reporting and presents the dispute from a strongly critical perspective, with limited direct engagement with the lawsuit’s arguments.
HOW WE SCORE ↗The article reports Blackburn’s allegation and quotes her statement, but most of its analysis challenges her position and supports the opposing account. It offers little detail from the lawsuit itself or a direct response from Smith.
- Counterarguments presented — Blackburn’s claims are included, but the article chiefly counters them through outside reporting.
- Loaded language — The article uses openly dismissive characterizations of the controversy and lawsuit.
- Source diversity — Several outside outlets are cited, but they primarily support one side of the account.
- Opinion vs reporting — The piece is written as commentary rather than neutral, event-focused reporting.
The article uses dismissive language about Republican claims and Blackburn’s lawsuit, while emphasizing reporting that supports the view that the records were part of an ordinary investigation. Its framing leans left rather than presenting the competing arguments in neutral terms.
- Language tone — Uses dismissive descriptions such as “partisan hysterics” and “cheap points.”
- Framing — Frames the lawsuit as the culmination of a partisan dispute and emphasizes its alleged weakness.
- Source selection — Cites reporting and analysis supporting the account that the records were a normal investigative tool.
Sen. Marsha Blackburn sued former special counsel Jack Smith, alleging his investigation unlawfully obtained her congressional phone records. The article argues that the records were a routine investigative tool and that the lawsuit advances a partisan dispute.
Blackburn filed the lawsuit in federal court in Tennessee, alleging that Smith targeted her for her politics and unconstitutionally obtained her phone records during the investigation of Donald Trump’s efforts to overturn the 2020 election. She described the investigation as an abuse of government power; the article says she did not attend Smith’s recent Senate Judiciary Committee appearance.
The article cites reporting that toll records do not reveal conversation contents and that investigators had to address legal protections for lawmakers’ records. It also recalls earlier claims by Chuck Grassley, Josh Hawley and Trump about the records, and presents the lawsuit as the culmination of a partisan dispute.
Community verdict
6 VOTESPeople in this story
SWIPE →Senate Judiciary Committee chairman who publicized the records issue
President whose election-related conduct was under investigation
Senator who claimed his phone had been tapped
Part of a bigger story
11 OUTLETSMarsha Blackburn sued former special counsel Jack Smith over his team’s collection of her phone records, alleging it was unlawful. Left-leaning outlets stress doubts about the lawsuit’s legal strength, with some linking it to a partisan dispute. Center outlets focus on lawmakers’ protections and the legal questions surrounding records subpoenas, including Smith’s explanation. Right-leaning outlets foreground Blackburn’s allegations that Smith unlawfully obtained her records and her challenge to his authority.
- ARTICLES
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- OUTLETS
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- AVG CRED
- 70
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