A spending bill that eight Democrats signed off on to reopen the government would allow senators to sue for as much as $500,000 when their devices or accounts are searched without notice.
Tucked in the legislative branch funding bill passed by the Senate on Monday is a provision that would pave the way for Republican senators to sue the government over the Biden administration’s investigation into the Jan. 6, 2021 Capitol riot, which involved the Jack Smith-led FBI obtaining the phone records of nine conservative lawmakers.
Under the measure, it would be a violation of the law if a senator were not notified about a search of their devices or accounts. A 60-day delay in notification is permitted if a senator is a target of a criminal investigation.
“Any Senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any Federal department or agency,” it reads.
Senators who triumph in suing the government can claim damages of up to $500,000 and recoup attorney’s fees and litigation costs.
The provision is retroactive to 2022, meaning it covers Smith’s seizure of the phone records of nine Republican lawmakers as part of a broader investigation into President Donald Trump’s alleged efforts to overturn the 2020 presidential election. While Smith requested phone records in 2023, lawmakers were not alerted until earlier this year, according to The New York Times. Lawyers for Smith have denied that he did anything wrong, claiming his request was legitimate to his investigation.
The lawmakers whose data was obtained were Senators Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis, Marsha Blackburn, and Rep. Mike Kelly, who would not be eligible to sue the government since he is not a senator.
Graham previously accused the Biden administration of spying on conservative lawmakers under an investigation dubbed “Arctic Frost.”
“Based on the evidence to date, Arctic Frost and related weaponization by federal law enforcement under Biden was arguably worse than Watergate,” he said last month.
Eight Democrats sided with Republicans in passing a stopgap measure that would finally reopen the government after a weeks-long impasse that has become the longest shutdown in U.S. history.
The measure does not satisfy Democrats’ longstanding demands to extend healthcare subsidies expiring at the end of the year, which has become the issue at the heart of the deadlock.
The eight liberal lawmakers who broke ranks were Senators Catherine Cortez Masto, Dick Durbin, John Fetterman, Maggie Hassan, Tim Kaine, Angus King, Jacky Rosen, and Jeanne Shaheen.
The vote sparked a backlash in Democratic ranks, with many targeting Senate Minority Leader Chuck Schumer.
“This bill is not perfect, but it takes important steps to reduce their shutdown’s hurt,” Durbin said in a statement defending his controversial decision.
Fetterman, meanwhile, posted on X Monday night, “Country over party.”
