Copyright Newsweek
A last-minute deal to end the government shutdown has ignited outrage among Democrats after lawmakers discovered it includes a clause allowing senators to sue the federal government over searches of their phone records tied to the January 6 investigation. The House Rules Committee on Tuesday night voted down a Democratic amendment that would have removed a provision from the shutdown funding bill allowing senators to sue the federal government for up to $500,000 if their communications data were seized during investigations tied to the January 6 attack. Newsweek has contacted Senate Majority Leader John Thune and eight Republican senators thought to be affected by the provision for comment outside of normal working hours. Why It Matters The dispute highlights deep tensions between the House and Senate as lawmakers scramble to end the government shutdown. By allowing senators to pursue lawsuits over data seizures, the provision could set a precedent for lawmakers to receive special legal protections unavailable to ordinary Americans. Democrats argue it undermines accountability and transparency surrounding the Justice Department’s January 6 investigations, while Republicans insist the clause protects congressional independence. What To Know The amendment’s language seems to open the door for several Republican senators to take legal action over actions the Justice Department carried out as part of special counsel Jack Smith’s probe into Donald Trump’s efforts to overturn the 2020 election. Last month, GOP lawmakers disclosed an FBI document indicating that investigators had subpoenaed phone records belonging to eight senators and one member of the House for calls placed in the days surrounding the January 6, 2021, Capitol riot. Under the bill, phone and internet providers would have to notify Senate offices and the Senate sergeant-at-arms if federal authorities request senators’ data. Courts could only delay such notice if the senator is the direct target of a criminal probe. The measure also gives senators the right to sue the federal government if their data is accessed or seized "in violation" of the bill’s terms. Each senator could seek $500,000 per violation, and the government would be barred from using standard immunity defenses. Lawmakers would have up to five years from learning of a breach to file suit, and the provision applies retroactively to any cases since January 2022. Because the FBI reviewed senators’ call records in 2023, those involved could file lawsuits under the new rules. According to the FBI document made public last month, the phone records reviewed in 2023 belonged to eight Republican senators—Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis, and Marsha Blackburn—along with Representative Mike Kelly of Pennsylvania. None of the senators who appear eligible to sue under the new provision have publicly said they plan to do so. The measure, added by Senator John Thune, has drawn criticism from Democrats who argue it creates special legal protections for a small group of lawmakers. Representative Jamie Raskin called the measure a "corrupt million-dollar jackpot provision…for a select group of Republican senators," while Representative Teresa Leger Fernández described it on social media as "outrageous." "Republicans in the Rules committee just green-lit corrupt Senator payouts. Make sure everyone knows," she said in a post on X. House Minority Leader Hakeem Jeffries described the amendment as "insanity," and said it would line the pockets of "insurrectionist sympathizers." "We're going to tattoo that provision, just like we're going to tattoo the Republican health care crisis, on the forehead of every single House Republican who dares vote for this bill," Jeffries said. Meanwhile, some House Republicans said they were sympathetic to the Democratic proposal but ultimately voted against it, warning that any changes would require the bill to return to the Senate and could prolong the government shutdown, which began on October 1 and has been the longest one in history. During a meeting of the House Rules Committee on Tuesday, Republican Representative Austin Scott said: "I personally agree this should be removed. The problem is, if we remove it, it has to go back to the Senate," HuffPost reported. GOP Representative Chip Roy called the provision "self-serving, self-dealing kind of stuff," adding that it "needs to get fixed as soon as possible," according to HuffPost. The Senate on Monday approved a short-term spending bill to keep the government funded through the end of January, marking a major step toward ending the record shutdown. The measure advanced after several Democratic senators broke ranks with party leadership to side with Republicans in favor of reopening the government. The agreement provides temporary funding for federal agencies while setting up a future Senate vote on extending Affordable Care Act (ACA) tax credits, which are scheduled to lapse on January 1. Many Democrats had previously refused to back a deal without assurances that those credits would be renewed. What People Are Saying House Minority Leader Hakeem Jeffries told reporters: "House Democrats are going to offer an amendment before the Rules Committee to get that self-dealing sick provision out of the spending agreement. The notion that eight Republican senators, signed off by [Majority Leader] John Thune and the Republicans, apparently in the Senate and in the House, would give themselves the ability, essentially, to rip millions of taxpayer dollars away from the American people so they can line their pockets, because these people were insurrectionist sympathizers, is insanity. "We're going to tattoo that provision, just like we're going to tattoo the Republican health care crisis, on the foreheads of every single House Republican who dares vote for this bill." Representative Jamie Raskin said: "The Senate’s Republican Majority Leader, John Thune, just tucked one of the most blatantly corrupt provisions for political self-dealing and the plunder of public resources ever proposed in Congress into the GOP’s spending bill. "If it were to pass, this astounding provision would give eight Republican Senators a personal payday of at least one million dollars each paid for directly by U.S. taxpayers. This jackpot is being set up at the same time Republicans throw millions of Americans off Medicaid and deny millions more a tax credit that helps make premiums for health insurance more affordable." He added: "However you feel about the rest of this bill, no Member of Congress should vote for this stunningly corrupt and self-dealing measure tucked into the bill for the personal benefit of a tiny group of Senators." What Happens Next The House is due to vote on the deal to end the shutdown on Wednesday. If it passes, the shutdown will come to an end.
