田纳西州参议员马莎·布莱克本提起的这起诉讼，将考验宪法“言论或辩论条款”的适用范围。
The lawsuit, brought by Senator Marsha Blackburn of Tennessee, tests the reach of the Constitution’s “speech or debate” clause.
一名共和党参议员周三起诉前特别检察官杰克·史密斯和司法部，主张在调查唐纳德·J·特朗普期间，对其手机记录发出的传票违反了宪法。
A Republican senator on Wednesday sued the former special counsel Jack Smith and the Justice Department, arguing that a subpoena for her phone records during an investigation into Donald J. Trump violated the Constitution.
布莱克本参议员在田纳西州中区联邦法院提交的诉状，可能会将一个新颖且有争议的宪法问题摆上法庭，这也是共和党的一个热门论点：即所谓的“言论或辩论条款”是否禁止向电话公司发出传票，以获取关于议员通信的数据。
The complaint, filed by Senator Marsha Blackburn of Tennessee in her state’s Middle District, could put before the courts a novel and contested constitutional issue on a matter that has become a Republican talking point: whether the so-called speech or debate clause bars subpoenas to phone companies for data about lawmakers’ communications.
布莱克本是几名显然在2021年1月6日国会山骚乱前后几天内，与时任总统特朗普或其代理人有过互动的议员之一。该诉讼寻求法院宣判史密斯密谋侵犯其权利，要求前特别检察官支付1美元的象征性赔偿，并下令司法部销毁其记录。
Ms. Blackburn was among several lawmakers who apparently interacted with Mr. Trump while he was president, or with his proxies, during a period of days around the Jan. 6, 2021, riot at the Capitol. The lawsuit seeks a declaration that Mr. Smith conspired to violate her rights, $1 in symbolic damages from the former special counsel, and an order that the Justice Department destroy her records.
当史密斯监督调查特朗普试图推翻2020年大选结果的行为时，他批准了向电话公司发出传票，获取议员的通话记录（即显示通话时间的日志），但不包括通话内容。这些传票附带了针对电话公司的保密令，但于去年曝光。
When Mr. Smith oversaw an investigation into Mr. Trump’s attempt to overturn the 2020 election, he signed off on subpoenas to phone companies for lawmakers’ toll records, or logs showing when calls took place, but not their contents. The subpoenas were accompanied by nondisclosure orders to the phone companies, but came to light last year.
共和党将自己描绘为遭到不公平针对的受害者，并将获取其通话记录的传票描述为违反“言论或辩论条款”。在诉讼中，布莱克本的律师称，她旨在追究史密斯“滥用职权、无视宪法分权原则、言论或辩论条款”以及其他指控的责任。
Republicans have portrayed themselves as having been unfairly targeted, and have framed the subpoenas for their call records as violating the speech or debate clause. In her lawsuit, Ms. Blackburn’s lawyers said she sought to hold Mr. Smith “accountable for his gross abuse of power and his disregard for the Constitution’s separation of powers, the speech or debate clause,” and for other allegations.
史密斯先生周二在参议院司法委员会听证会上也面临类似指控。布莱克本女士是该委员
Mr. Smith faced similar accusations on Tuesday when he appeared before the Senate Judiciary Committee. Ms. Blackburn is a member of the panel but did not attend the hearing.