'Shutdown Deal Lets GOP Senators Personally Sue Over Jack Smith Probe'

[sop]

"$500K For Election Subversion"

"Tucked into a spending bill that is part of the deal to end the government shutdown is a provision that would allow GOP senators to personally sue the federal government for as much as $500,000 over Special Counsel Jack Smith’s lawful search of their phone records, according to the NYT."

"As part of his Jan. 6 investigation, Smith properly subpoenaed the toll records of some GOP members of Congress. In recent weeks, Republicans on the Hill have resurfaced this fact and morphed it into a Deep State conspiracy theory, exaggerating what Smith obtained and trying to turn it into a constitutional clash."

"District Judge James Boasberg of D.C. approved measures that barred phone providers from notifying lawmakers that their data from around Jan. 6 was requested as part of the investigation, Politico notes. The provision in the bill imposes new restrictions that would require senators to receive notice of their records being sought and bars judges from preventing that notice unless the senator is under criminal investigation."

"Most controversially, the provision in the bill retroactively allows senators targeted by Smith to sue the federal government, the NYT reports: 'Because the provision is retroactive to 2022, it would appear to make eligible the eight lawmakers whose phone records were subpoenaed by investigators for Mr. Smith as he examined efforts by Donald J. Trump to obstruct the results of the 2020 presidential election.' "

Continued at link:

https://talkingpointsmemo.com/morning-memo/shutdown-deal-lets-gop-senators-personally-sue-over-jack-smith-probe

[lapucelle]

1. That would mean that the phone messages would be subject to discovery.

We'd all know exactly what was and wasn't on their phones.

I eagerly await Lindsay Graham, Tommy Tuberville, and Josh Hawley to bring their lawsuits.

[in2herbs]

6. The Bondi DOJ will settle their claims without any discovery being exchanged. nt

[lapucelle]

7. In the event of that (remote) possibility, Trump's DOJ will be handing out taxpayer money to Trump's friends.

That should sit well with the electorate.

Folks need to learn how to message.

[Whyisthisstillclose]

2. Corruption covering up corruption covering up corruption

[Layzeebeaver]

3. Sound fine to me.

Considering it was all perfectly legal.

It’s all performance.

[in2herbs]

4. "Privacy for me but not for thee" is the motto for this provision. Why didn't the Ds force the removal of this

provision?

The provision is retroactive to 2022. It is now 2025 and the bill will likely not be signed until 2026 --- isn't that beyond the time limits for bringing a claim.

The lawmakers can sue the govt, meaning that the Bondi DOJ will offer them huge sums of money to settle their claims and there will never be a trial. More grifting.

[Traildogbob]

5. Huge sums

Of who’s money? Not coming outta Blondies budget.

[LetMyPeopleVote]

8. MaddowBlog-Republicans use spending bill to empower themselves to sue over phone records searches

GOP senators are no longer just whining about “Arctic Frost,” they’re now giving themselves the ability to file civil lawsuits over the faux controversy.

When the facts aren’t in your favor … replace the facts with lies.

Republicans use spending bill to empower themselves to sue over phone records searches www.msnbc.com/rachel-maddo...

— @jimrissmiller.bsky.social 2025-11-11T20:13:01.063Z

https://www.msnbc.com/rachel-maddow-show/maddowblog/republicans-use-spending-bill-empower-sue-phone-records-searches-rcna243199

But as the process moves forward, the public is still learning more about some of the key details that were included in the bill. The New York Times reported, for example, on a provocative provision that GOP members tucked into the package.

A spending package expected to be approved as part of a deal to reopen the government would create a wide legal avenue for senators to sue for as much as half a million dollars each when federal investigators search their phone records without notifying them. The provision ... appears to immediately allow for eight G.O.P. senators to sue the government over their phone records being seized in the course of the investigation by Jack Smith, the former special counsel, into the riot at the Capitol on Jan. 6, 2021.

The Times’ report added that this element, which is now likely to become law, would require federal investigators to notify senators about phone records searches, except in instances in which members are themselves a target of an investigation.

The provision “is retroactive to 2022,” the Times noted......

The New York Times reported in early October, “The analysis of phone toll records is a common investigative tactic. ... Such toll record information does not include the contents of conversations, which would require a court-approved wiretap.”

A related analysis from CNN explained that there was nothing especially surprising about any of this.

We already knew that the phone records of some lawmakers were seized in Smith’s probe, because the Justice Department had to overcome legal hurdles posed by the Constitution’s Speech or Debate Clause. And it’s difficult to understand how Smith ever could have conducted such a probe without obtaining some phone records of lawmakers. That’s because Trump’s pressure on lawmakers was a key part of his efforts to overturn the 2020 election. ... It would seem very difficult to piece together a case without understanding who was talking to whom, and when.

MSNBC’s Ken Dilanian emphasized a related point, noting that the former special counsel’s final report, released earlier this year, made note of these same toll records.

[LetMyPeopleVote]

9. Incredible Senate-ing here as senators make this applicable just to them, not House members

Link to tweet

[LetMyPeopleVote]

10. Chip Roy wants this provision stripped from bill

Link to tweet

?s=20

[LetMyPeopleVote]

11. Maddowblog-GOP's Lindsey Graham says he'll 'definitely' sue over faux phone records controversy

Senate Republicans empowered themselves to file lucrative “Arctic Frost” lawsuits, but House Republicans intend to take that power away.

GOP's Lindsey Graham says he'll 'definitely' sue over faux phone records controversy www.msnbc.com/rachel-maddo...

— Chrisby (@chrisbyc.bsky.social) 2025-11-13T16:52:35.689Z

https://www.msnbc.com/rachel-maddow-show/maddowblog/gops-lindsey-graham-says-ll-definitely-sue-faux-phone-records-controve-rcna243711

Republican Sen. Lindsey Graham of South Carolina, one of the eight eligible GOP senators, nevertheless boasted about his intention to take advantage of the opportunity Republicans created for themselves. The Washington Post reported:

Graham, who had his phone records seized, said Wednesday that he would ‘definitely’ sue under the law. ‘And if you think I’m going to settle this thing for a million dollars? No,’ Graham told reporters in South Carolina. ‘I want to make it so painful no one ever does this again.’

He did not appear to be kidding.

Link to tweet

But before Graham’s lawyers head to a nearby courthouse, they should probably take note of the fact that a whole lot of House members — including plenty of Republicans — aren’t pleased about the Senate GOP’s gambit, and they’re eager to do something about it. Roll Call reported:

Speaker Mike Johnson announced plans to pursue legislation next week that would repeal a Senate provision in a major spending package that incensed House Republicans and threatened to prolong the partial government shutdown. The must-pass spending measure drew eleventh-hour objections from House members of both parties after the discovery in recent days of a provision that would allow senators to sue for at least $500,000 each when federal investigators search their phone records in a judicially sanctioned probe without notifying them.

In comments to reporters this week, the House speaker conceded the Senate’s provision “was a really bad look,” which his chamber intends to “fix” in a standalone bill.

[Zorro]

12. Legalizing robbery of the Treasury is what it is

[sop]

13. They see Trump trying to sue for $230M and want in on the action.