Lindsey Graham Was 'Likely' Witness in Trump 2020 Election Case, Jack Smith Tells Late Senator's Sister

Jack Smith told Darline Graham that her late brother, Lindsey Graham, 'likely would have been a witness' in the case against Donald Trump. Smith, the former special counsel, said Lindsey Graham had examined Trump's 2020 election fraud claims and found them false. The exchange came at a Senate Judiciary Committee hearing on Tuesday 29 September.

Smith said Lindsey Graham was not a target of the investigation. Darline Graham took over her brother's Senate seat after he died in July aged 71. She accused Smith of trying to bully Lindsey Graham. Tennessee senator Marsha Blackburn sued Smith on Wednesday, 30 September, alleging his team unlawfully obtained her phone records.

Lindsey Graham's 2021 Stand and His Sister's Challenge

On 6 January 2021, Lindsey Graham told the Senate that Joe Biden had won lawfully and refused to back objections. 'Count me out. Enough is enough,' the South Carolina Republican said. Darline Graham argued her brother could not have destroyed evidence that the phone company Verizon held. She said the stress Smith caused Lindsey Graham and fellow senators 'makes me sick'. She repeated the accusations on X, in the message below.

Smith called Lindsey Graham a patriotic public servant before Darline Graham cut in. She asked why the subpoena's gag order warned of destroyed or tampered evidence. Smith replied that prosecutors feared Trump would intimidate witnesses if the subpoena became public. Those records showed who called whom, when, and for how long, but not what anyone said. Trump's federal election case never reached trial. After Trump's 2024 win, Smith moved to dismiss it, citing Justice Department policy against prosecuting a sitting president, and a judge agreed.

Why Smith's Team Wanted Lawmakers' Phone Records

Smith testified that Trump and allies phoned members of Congress as lawmakers certified Biden's win in January 2021. Smith said the records supported evidence that Trump and alleged co-conspirators tried to use the Capitol riot to delay certification. White House switchboard logs were incomplete, so prosecutors also needed phone company data. Smith's team consulted the Justice Department's Public Integrity Section before seeking lawmakers' records.

Republicans on the panel disputed Smith's account. Committee chair Chuck Grassley called Smith's operation 'a partisan weapon that broke the rules.' Texas Republican Ted Cruz, whose records investigators sought, said the requests covered about 20 per cent of Republican senators. Democrat Cory Booker said 'we're now persecuting the prosecutors who followed the evidence.' Trump pleaded not guilty in both federal cases Smith brought and called the prosecutions politically motivated.

Lindsey Graham's Vow and Marsha Blackburn's Lawsuit

Lindsey Graham later supported Trump and accused Smith of breaking the law. In November 2025, the late senator vowed to sue Verizon and the Justice Department, and backed letting senators seek $500,000 (about £372,000) whenever investigators took their records without notice. The House voted unanimously that month to repeal the measure.

Blackburn, who sits on the Senate Judiciary Committee, named him personally in her lawsuit. The New Civil Liberties Alliance, which represents Blackburn, asks a federal court to declare Smith's appointment unconstitutional and order the return or destruction of her records. Blackburn also seeks $1 (about 74p) in nominal damages from Smith.