Sen. Marsha Blackburn, R-Tenn., on Wednesday sued former special counsel Jack Smith over his accessing of her phone records as part of his investigations into President Donald Trump.

Smith obtained the phone records of several senators through a subpoena and secured a non-disclosure order from the court preventing the mobile carrier from notifying the lawmakers affected.

Blackburn's suit alleges that Smith's acquisition of her records violated the speech and debate clause of the Constitution. She is seeking nominal damages of $1 and a declaration that Smith was unlawfully appointed, Fox News reported.

Whether a special counsel requires Senate confirmation is the subject of legal debate. Federal agencies do have the ability to appoint "inferior" officers without Senate confirmation, though whether someone of special counsel status qualifies is somewhat unclear.

U.S. District Judge Aileen Cannon previously found that Smith's appointment was illegal, but her ruling will likely not settle the matter. Attorney General Merrick Garland appointed Smith in 2022 after Trump announced his campaign for the presidency.

Smith ultimately brought two cases against Trump in connection with his 2020 election challenges and alleged mishandling of classified documents. Neither reached trial and Smith moved to dismiss his cases after Trump was reelected.

The former special counsel on Tuesday appeared before the Senate Judiciary Committee to answer questions about his investigations.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.