Trump RED-FACED as Every JUDGE QUITS Senator's Suit Against JACK SMITH!!!
Tennessee Senator Marsha Blackburn's retaliatory lawsuit against former Special Counsel Jack Smith hit an immediate roadblock when every single federal judge in the Middle District of Tennessee recused themselves from the case. Unable to find a single local Tennessee law firm willing to represent her, Blackburn had to enlist an out-of-state conservative legal group from Virginia to pursue her claims. As the case is kicked up to the Sixth Circuit Court of Appeals for reassignment, legal experts anticipate a swift motion to dismiss against what is widely viewed as a politically motivated stunt.
1. A Total Collapse in Tennessee: All Judges Recuse
Senator Marsha Blackburn's high-profile legal fight against Jack Smith is off to an embarrassing, unprecedented start. 🏛️ In a rare display of unanimous judicial avoidance, all four sitting federal district judges in the Middle District of Tennessee simultaneously disqualified themselves from presiding over Blackburn's lawsuit against the former Special Counsel.
The recusal was completely bipartisan. The bench in this district includes two judges appointed during Donald Trump's first term (Chief Judge William L. Campbell Jr. and Judge Eli Richardson), one appointed by Barack Obama (Judge Waverly D. Crenshaw Jr.), and one appointed by Bill Clinton (Judge Aleta Trauger). Not one of them wanted anything to do with Blackburn's claims:
"All district judges of the United States District Court for the Middle District of Tennessee have recused themselves from this case. Accordingly, the United States Court of Appeals for the Sixth Circuit will designate an out-of-district judge."
Judges have broad discretion to recuse themselves whenever their impartiality might reasonably be questioned. When an entire district bench steps aside in unison without even hearing an opening motion, it sends an unmistakable signal to the legal community about the radioactive nature of the filing.
2. Flashback: The Senate Hearings and Jack Smith's Pushback
To understand why Marsha Blackburn filed this lawsuit, one has to look back at the fiery congressional hearings where Republican senators confronted Jack Smith over his investigation into Donald Trump's efforts to overturn the 2020 election.
During those inquiries, the Special Counsel's office and the FBI used subpoenas to review toll billing records (metadata showing who called whom and when) across several phone numbers. Lawmakers like Blackburn accused Smith of violating the Constitution's Speech or Debate Clause, which protects members of Congress from being questioned about legislative acts:
"Do you think Jack Smith violated the Speech or Debate Clause?"
"I leave it to you and your colleagues to determine the scope and application of the Speech or Debate Clause in this matter."
In reality, federal investigators were using a standard process of elimination. They needed to determine whether members of Congress were co-conspirators in the scheme to deliver fraudulent electoral slates, or merely potential witnesses. Jack Smith repeatedly explained that obtaining telephone connection records was necessary to protect the integrity of the investigation, especially given Trump's track record of witness intimidation.
When questioned about why nondisclosure gag orders were placed on communications providers regarding these records, Smith pulled no punches in his exchanges with lawmakers like Ted Cruz:
"We had good reason to believe Donald Trump would obstruct our investigation given the alleged obstruction in the Florida indictment, given the witness tampering efforts in the election case, and given the threats that were made subsequently to witnesses."
Rather than uncovering criminal conduct on Blackburn's part, the investigation moved on without charging her. Yet, years later, Blackburn is attempting to litigate the matter civilly.
3. Why the Middle District Judges Walked Away
Why did the judges in Nashville unanimously step aside? While judges rarely explain the granular reasoning behind voluntary recusals, the local legal context offers crucial clues. ⚖️
One key figure on this bench is Judge Waverly D. Crenshaw Jr., an Obama appointee who previously handled the high-profile Kilmar Abrego Garcia case. In that case, Judge Crenshaw took the extraordinary step of dismissing an indictment after finding that the Department of Justice had engaged in unconstitutional, vindictive prosecution against a defendant wrongfully deported to El Salvador.
Having seen federal courts in the district dragged into hyper-politicized disputes, the judges were well aware of how legal processes can be weaponized. When Blackburn—a fierce Trump loyalist who actively served as his campaign co-chair—filed a lawsuit that essentially regurgitates Donald Trump's personal grievances against Jack Smith, the bench chose not to serve as a political theater stage. Whether out of professional solidarity, a desire to avoid an appearance of impropriety, or personal convictions regarding the validity of the Special Counsel's work, every judge declined to preside.
4. No Local Lawyers: Enter the Out-of-State Group
The judicial walkout wasn't the only humiliation for Senator Blackburn. In typical circumstances, representing a sitting United States Senator in their home state is considered a massive, lucrative trophy for any major law firm.
Yet, not a single Tennessee law firm or licensed local attorney agreed to take Blackburn's case. 🚫
Instead, Blackburn had to look outside the Sixth Circuit entirely and hire the New Civil Liberties Alliance (NCLA), a conservative legal advocacy group based in Virginia funded by right-wing mega-donors, including Leonard Leo and the Koch network. Because these lawyers are not licensed in the Middle District of Tennessee, they will have to file special motions for pro hac vice (temporary) admission just to step inside the courtroom.
When experienced local attorneys universally pass on a client with maximum political clout, it is usually because the legal arguments border on frivolous:
- Blackburn argues that her legislative speech was infringed merely because billing metadata was reviewed.
- She claims Jack Smith is a private citizen whose entire appointment was unconstitutional.
The argument that Jack Smith's appointment was illegal has been accepted by only a single federal district judge in the entire country—Judge Aileen Cannon in the Southern District of Florida. Her ruling has no binding authority in Tennessee or anywhere else in the Sixth Circuit.
5. What Happens Next: The Sixth Circuit Takes Over
With the local district bench completely cleared out, the lawsuit has been forwarded to the Sixth Circuit Court of Appeals.
The process moves through specific jurisdictional steps:
- Designation by Circuit Leadership: Chief Judge Raymond Kethledge of the Sixth Circuit (a George W. Bush appointee), working alongside Supreme Court Justice Brett Kavanaugh (who serves as the Circuit Justice for the Sixth Circuit), must assign an outside judge to travel or sit by designation.
- Selecting a Visiting Judge: The appointed judge will come from outside the Middle District of Tennessee—either from the Eastern or Western Districts of Tennessee, or from neighboring states within the circuit (Kentucky, Ohio, or Michigan).
- The Immediate Motion to Dismiss: Once a judge takes the bench, Jack Smith's defense team is expected to immediately file a Rule 12(b)(6) Motion to Dismiss for failure to state a claim.
Given that similar challenges have failed across numerous federal courts, Jack Smith's seasoned team of appellate lawyers is expected to dismantle the lawsuit long before it ever approaches trial or discovery.
Wrapping Up
Senator Marsha Blackburn's offensive against Jack Smith has unraveled at the starting gate. With all four Middle District federal judges recusing themselves and reputable Tennessee attorneys keeping their distance, the case now rests in the hands of an out-of-district judge and an out-of-state advocacy group. Stripped of local legal backing, the lawsuit faces an uphill battle against established precedent and an inevitable motion to dismiss.
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