The legislation advancing through Congress to end the longest government shutdown in U.S. history includes a controversial clause that would allow eight Republican senators to sue the Justice Department for up to $500,000 each over alleged privacy violations tied to the Jan. 6, 2021, Capitol riot investigation.
The bill, passed by the Senate on Monday and set for a House vote on Wednesday, would reopen the federal government and restore funding through January 30.
Hidden within its hundreds of pages is a provision retroactively prohibiting federal authorities from obtaining a senator’s phone records without disclosure, making such actions illegal in most cases.
Under the measure, lawmakers whose data was subpoenaed by the Justice Department could seek $500,000 per violation, plus attorneys’ fees and costs. The department could choose to settle such claims rather than fight them in court.
Republican Senator Marsha Blackburn of Tennessee, whose records were among those obtained, welcomed the clause, calling it “a step toward accountability.” “We will not rest until justice is served and those who were involved in this weaponization of government are held accountable,” Blackburn said in a statement.
The other senators eligible to seek damages include Lindsey Graham (South Carolina), Bill Hagerty (Tennessee), Josh Hawley (Missouri), Dan Sullivan (Alaska), Tommy Tuberville (Alabama), Ron Johnson (Wisconsin), and Cynthia Lummis (Wyoming). All eight supported the bill’s passage.
Democrats criticized the provision as a partisan windfall. “Not a cent for health care, but Republicans wrote in a corrupt cash bonus of at least $500k each,” Senator Patty Murray of Washington wrote on social media.
The disputed records were obtained during Special Counsel Jack Smith’s investigation into President Donald Trump’s efforts to overturn his 2020 election loss to Joe Biden. Trump was charged in the case, but proceedings were halted after his 2024 election victory.
Smith ultimately dropped the case, citing a Justice Department policy barring prosecution of a sitting president, though his final report said the evidence “would have been enough to convict.”
Lawmakers have since demanded transparency from major telecommunications companies, including AT&T, Verizon, and T-Mobile, about the extent of data shared under federal subpoenas.
The provision’s inclusion in the shutdown-ending legislation has sparked heated debate, with critics warning it could open the door for politically motivated lawsuits, even as Congress races to restore government operations and end a 42-day federal funding lapse.
Source: Reuters
Written By Rodney Mbua
