Sen. Bill Hagerty Asks Tennessee to DISBAR Jack Smith Over Secret Subpoena for Republican Senators’ Phone Records

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Sen. Bill Hagerty filed a formal complaint with the Tennessee Supreme Court’s Board of Professional Responsibility seeking the disbarment of former Special Counsel Jack SmithSen. Bill Hagerty (R-TN) has asked the Tennessee bar to strip former Special Counsel Jack Smith of his law license, accusing the Biden-era prosecutor of hiding critical facts from a federal judge so he could secretly seize the call logs of sitting U.S. senators, including Hagerty’s own.On September 30, 2026, one day after Smith testified before the Senate Judiciary Committee, Hagerty sent a four-page formal complaint to R. Culver Schmid, chairman of the Board of Professional Responsibility of the Supreme Court of Tennessee.Smith’s Tennessee bar number is 034063. Hagerty is demanding the harshest penalty on the books: disbarment.“I filed a bar complaint against Jack Smith this morning,” Hagerty wrote on X. “He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order. He should never be able to practice law again.” He closed with a warning: “Next up, @Verizon.”I filed a bar complaint against Jack Smith this morning. He’s a blatantly partisan actor and his prosecutorial misconduct damaged our constitutional order. He should never be able to practice law again.Read the complaint here. Next up, @Verizon. pic.twitter.com/6CGVT37OIr— Senator Bill Hagerty (@SenatorHagerty) September 30, 2026According to the complaint, Smith, while serving as special counsel in the Biden Justice Department, sent a grand jury subpoena to Verizon for non-content telephone records of sitting senators. Those logs show who called whom, the date, and how long the call lasted. They do not include the words spoken. The records, Hagerty says, “pertained to our duties as legislators.”Attached to that subpoena was a secret nondisclosure order signed by D.C. Chief Judge James Boasberg. The order barred Verizon from telling anyone, senators included, that the government had come for the data.Hagerty says Smith also sent Verizon a letter threatening an obstruction-of-justice charge if the company disobeyed. By the time Hagerty learned of the grab, Verizon had already turned the records over. He never got a chance to fight the subpoena in court.The complaint’s core charge is lack of candor. Hagerty says the papers Smith put in front of Boasberg left out the facts that would have told the judge what he was actually signing.They did not say the phones belonged to members of Congress. They did not mention the Speech or Debate Clause, the constitutional shield for lawmaker talk about bills, votes, committee work, and caucus business.And they did not mention 2 U.S.C. § 6628, the federal statute that says a phone company serving a Senate office cannot be barred from notifying the Senate when someone seeks Senate data.“Smith’s motion omitted the facts and law that would lead the judge to realize what he was ruling on,” Hagerty wrote. The order itself, he adds, was “apparently also written by Smith, and rubber-stamped by the judge.” Nowhere does that order mention the Speech or Debate Clause, the Senate-notification statute, or that the targets were members of Congress.Smith’s explanation, given under oath, was that he did not think telling the court was Department policy at the time. In a September 29 deposition response to Sen. Ted Cruz, Smith again said: “We submitted these nondisclosure orders consistent with the law and department policy.”Hagerty calls that no excuse. “Bureaucratic policy cannot supersede the Constitution or a federal statute.” He also argues the 2017 and 2022 DOJ memos on protective orders still required a prosecutor to give the court enough facts for a real, case-specific review — and that Smith did not.Tennessee ethics rules, the complaint says, require a lawyer in a one-sided, ex parte hearing to tell the tribunal every material fact, “whether or not the facts are adverse,” and to flag legal authority that cuts against his position. Hagerty says Smith violated, at minimum, Rules of Professional Conduct 3.3(a) and 8.4(c)–(d).The filing asks the board to pursue disbarment, citing what Hagerty calls intentional conduct, the total cutoff of any appeal, the chilling effect on private legislative talks, the harm to the constitutional order, and Smith’s “lack of remorse.”The Tennessee board has not yet said whether it will open an investigation. Smith has maintained that his team followed the law and the policy then in place.The dispute comes amid escalating scrutiny of Arctic Frost on Capitol Hill.As The Gateway Pundit previously reported, Senate Judiciary Chairman Chuck Grassley released records in 2025 showing that Hagerty was among eight Republican senators whose phone records were examined during the investigation.The Gateway Pundit also previously reported that Arctic Frost generated 197 subpoenas involving hundreds of Republican individuals and organizations, according to documents released by Grassley.And just this week, The Gateway Pundit reported that fellow Tennessee Sen. Marsha Blackburn filed a separate federal lawsuit against Smith over the acquisition of her phone records.Hagerty’s latest filing now puts a separate question before Tennessee’s lawyer-discipline system: whether Smith’s handling of the secret subpoena and nondisclosure request violated the professional obligations that accompany his Tennessee law license.The post Sen. Bill Hagerty Asks Tennessee to DISBAR Jack Smith Over Secret Subpoena for Republican Senators’ Phone Records appeared first on The Gateway Pundit.