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Hagerty Files Ethics Complaint Seeking Discipline Against Former Special Counsel Jack Smith

Hagerty says Smith hid that Senate members were targeted in a 2023 subpoena for phone metadata and asks Tennessee officials to pursue the strongest discipline.

  • On Wednesday, Republican Tennessee Sen. Bill Hagerty filed a formal ethics complaint with the Tennessee Board of Professional Responsibility seeking the disbarment of former Special Counsel Jack Smith, alleging prosecutorial misconduct.
  • The complaint stems from a 2023 grand jury subpoena during the Arctic Frost investigation, which sought non-content telephone metadata belonging to Hagerty and other Republican senators using a court-issued nondisclosure order.
  • Hagerty argues Smith violated Tennessee Rules of Professional Conduct 3.3 and 8.4, failing to inform the court that targets were members of Congress protected by the Speech or Debate Clause of the Constitution and 2 U.S.C. 6628.
  • The Board will screen the filing to determine if an investigation is warranted, though the complaint itself does not establish misconduct; Smith maintains his office followed standard Justice Department policy and court procedures.
  • Separately, Hagerty has complained to the Federal Communications Commission, arguing Verizon should have challenged the subpoena and notified him of the legal process, reflecting his broader accountability push.
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[your]NEWS broke the news on Wednesday, September 30, 2026.
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