In a unanimous decision, the House of Representatives passed a bill on Wednesday aimed at repealing a contentious provision that permitted senators to sue for $500,000 if federal investigators searched their phone records without prior notification. The legislation was expedited under suspension of rules, resulting in a decisive 426 to 0 vote, as House leaders worked swiftly to address concerns surrounding this provision.
Senate Majority Leader John Thune expressed uncertainty regarding the Senate’s response to the bill while defending the original legal provision that allowed lawsuits by senators. He reiterated that the House was not directly involved in its initial inclusion, emphasizing that it was intended to hold the Justice Department accountable for any overreach. “There’s a statute that obviously was violated, and what this does is enables people who are harmed — in this case, United States senators — to have a private right of action against the weaponization by the Justice Department,” Thune stated.
Under the new law, service providers must inform senators when their phone records or related data are seized or subpoenaed, with delays permitted only if a senator is the target of a criminal investigation. The law is retroactively effective from 2022, potentially permitting at least eight senators to seek civil action regarding the seizure of their records during special counsel Jack Smith’s investigation into former President Trump’s actions aimed at overturning the 2020 election results.
This provision was initially part of a larger legislative funding package for the government, which passed last week to avert a shutdown. As the package progressed through the House Rules Committee, Democratic representatives attempted to amend the bill to eliminate the controversial provision, while some Republicans expressed shock and dissatisfaction over its inclusion. The urgency to pass the funding package meant that many members felt compelled to vote in favor, despite their objections.
Rep. Chip Roy from Texas labeled the inclusion of the provision as “self-serving” and criticized its last-minute insertion without proper debate. Others, like Rep. Austin Scott from Georgia, echoed this sentiment, asserting that it was inappropriate for lawmakers to have a predetermined payout mechanism.
After discussions among House leadership, Speaker Mike Johnson highlighted that Thune expressed regret over how the provision was handled, characterizing it as “way out of line.” Johnson did not request a specific commitment to vote in the Senate but anticipated that the chamber would address the matter.
The senators implicated in the investigation whose phone records were subpoenaed include Marsha Blackburn, Lindsey Graham, Bill Hagerty, Josh Hawley, Ron Johnson, Cynthia Lummis, Dan Sullivan, and Tommy Tuberville. While most of these senators have indicated they do not intend to pursue damages under the new law, Graham has signaled his intent to take action to ensure accountability.
Thune pointed out that the ongoing focus on potential financial penalties distracts from the broader principle of maintaining accountability within the government. He stated, “If there’s no penalty associated with it, you’re going to get more of the same,” highlighting the importance of upholding democratic norms and integrity in governmental operations. This decisive move by the House exemplifies the ongoing tension and scrutiny within Congress regarding government oversight and personal privacy rights, ultimately aiming to preserve the integrity of legislative responsibilities.