Senate Majority Leader Addresses House Repeal Efforts
WASHINGTON – Senate Majority Leader John Thune mentioned on Tuesday that the Senate won’t intervene in the House’s attempt to repeal a provision permitting senators caught up in Special Counsel Jack Smith’s investigation related to the 2020 election to sue for damages up to $500,000.
“The House is going to do what they’re going to do. That wasn’t really our issue,” Thune (R-S.D.) noted. This provision was included in a bill that aimed to resolve a 43-day government shutdown.
He further commented, “I don’t think anyone was really suggesting taking that money, but there are penalties in place to ensure that there will be… relief in the future.”
In May 2023, it came to light that 10 Republican officials, including nine senators, provided their cell phone metadata to Smith after Verizon received a subpoena. Smith was managing the FBI’s Arctic Frost investigation, looking into the actions of Trump allies attempting to overturn the 2020 election results.
The provision allows incensed senators to claim up to $500,000 in damages and attorney fees each time federal authorities access their phone records. Moreover, phone companies are mandated to notify senators and their offices immediately if their devices, accounts, records, or communications are subjected to scrutiny, unless the senator is under criminal investigation. In such cases, a judge may impose a 60-day secrecy order if he or she finds a significant risk to someone’s life or safety or if the senator poses a flight risk.
Sen. Lindsey Graham (R-South Carolina), targeted in this context, has declared his intention to sue the federal government. “I believe this was more severe than Watergate. It was an attempt to ruin President Trump, accuse him of absurd crimes, and target people like me,” Graham stated.
“I can’t endure this anymore. I’m going to file a lawsuit.”
Other representatives interacting with the investigation include Sen. Bill Hagerty of Tennessee, Rep. Cynthia Lummis from Wyoming, and Sen. Dan Sullivan of Alaska. Documents from Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) also mention Sen. Josh Hawley of Missouri, Sen. Marsha Blackburn of Tennessee, Sen. Ron Johnson of Wisconsin, Rep. Tommy Tuberville of Alabama, and Rep. Mike Kelly of Pennsylvania.
Thune mentioned, “There’s a statute that was evidently breached, which grants those harmed, like a U.S. senator, the right to sue privately for any weaponization by the Department of Justice.”
House members, led by Speaker Mike Johnson (R-Louisiana), voiced their dissatisfaction regarding this provision, emphasizing it related to a crucial bill needed to reopen the government, but they opted to pass it anyway.
A vote to repeal this provision was on the agenda for later Wednesday, with the House poised to approve it by a wide margin.
“Afterwards, I had a conversation with Mr. Thune and the senators involved, and their intentions were genuine,” Johnson remarked on “Fox News Sunday.” He added that their goal was to strengthen a provision in the law to prevent abuses akin to what Smith and other prosecutors have allegedly done against political opponents.
