The House of Representatives is moving swiftly to repeal a contentious provision that allows senators to file lawsuits for $500,000 if federal investigators search their phone records without consent. The legislation is set to pass with a two-thirds majority during a vote scheduled for Wednesday evening.
Details of the Lawsuit Provision
This provision, which permits suit against the federal government, came to light after it was included in a legislation package aimed at funding the legislative branch. Senate Majority Leader John Thune defended the provision, arguing that it provides a necessary safeguard for senators whose privacy may be compromised by government actions.
Legal Protections for Senators
The law mandates that service providers must notify senators if their data is subpoenaed or searched, except in cases where the senator is implicated in a criminal investigation. Violations of this law allow senators to seek civil action against the federal government, claiming damages up to $500,000 for each breach.
Retroactive Impact and Historical Context
This law is applicable retroactively to 2022, meaning it could allow several senators involved in special counsel Jack Smith’s investigation concerning alleged attempts to overturn the 2020 election to file lawsuits against the government. Senators who had their records subpoenaed include:
- Marsha Blackburn (Tennessee)
- Lindsey Graham (South Carolina)
- Bill Hagerty (Tennessee)
- Josh Hawley (Missouri)
- Ron Johnson (Wisconsin)
- Cynthia Lummis (Wyoming)
- Dan Sullivan (Alaska)
- Tommy Tuberville (Alabama)
Reactions from Congress
Several members of Congress have voiced discontent regarding the last-minute insertion of the lawsuit provision. Some Republicans were reportedly caught off guard and expressed frustration during committee discussions. Critics labeled the measure as “self-serving” and expressed concern about its impact on public perception of Congress.
Representative Greg Steube of Florida even opted not to support the funding package due to the provision’s presence. House Speaker Mike Johnson noted his disappointment in how the provision was added, indicating he had conversations with Senate leaders regarding the issue.
Future Course of Action
While most affected senators have stated they do not intend to pursue legal action under the new law, Senator Graham has expressed a different stance. He aims to make significant efforts to ensure accountability for the actions taken by the Justice Department in the investigations.
Overall, the upcoming vote represents a critical moment for the House as it seeks to address the balance of power and privacy rights for its members in the face of federal scrutiny.
