Shutdown Deal Packs A Surprise As Republicans Strike Back After Phone Snooping

Republican senators caught up in Jack Smith’s phone-record seizures may soon get their chance to strike back thanks to a provision quietly tucked into a bill the Senate passed Monday night.

The provision was included in a bill that funded the legislative branch and was part of the package passed by the Senate to end the government shutdown. It would allow senators to sue for damages if the government accessed their records without their knowledge. 

“Any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any federal department or agency,” the bill says. 

The provision applies when their Senate data was “acquired, subpoenaed, searched, accessed, or disclosed pursuant to a search, seizure, or demand for information without notice being provided.”

Senators could be entitled to up to $500,000 per violation, and they would have five years from the date of learning of the infraction to bring a suit. 

“No officer, employee, or agent of the United States or of any Federal department or agency shall be entitled to assert any form of absolute or qualified immunity as a defense to liability,” the provision adds. 

If a senator is under criminal investigation and there’s concern about evidence being destroyed or the senator fleeing, officials can delay notification, but only for 60 days.

The provision comes after Senator Chuck Grassley (R-IA) revealed that he had uncovered evidence that the FBI analyzed the metadata of phone calls from several Republicans in Congress, including Sens. Marsha Blackburn (TN), Cynthia Lummis (WY), Ron Johnson (WI), Tommy Tuberville (AL), Dan Sullivan (AK), Josh Hawley (MO) Bill Hagerty (TN), Lindsey Graham (SC), and Rep. Mike Kelly (PA).

The FBI took those actions as part of Smith’s “Arctic Frost” investigation, which led to President Donald Trump being charged in Washington, D.C., over accusations that he tried to overturn the 2020 presidential election. The Biden administration also turned over Trump’s government-issued phone to Smith as part of the investigation and subpoenaed his personal phone records. 

Senator Ted Cruz (R-TX) told POLITICO that Senator Majority Leader John Thune (R-SD) included the provision in the bill. 

“Leader Thune inserted that in the bill to provide real teeth to the prohibition on the Department of Justice targeting senators,” Cruz said.

In a series of 60-40 votes on Monday night, the Senate passed a package of spending bills to end the government shutdown that now heads to the House. The package is expected to end the longest government shutdown in history and passed after enough Democrats crossed the aisle to give the GOP-led Senate the 60 votes needed for approval.