House Votes To Nix Controversial Provision That Could Enrich Senators
The House of Representatives voted unanimously Wednesday night to repeal a new law allowing senators to sue the federal government for massive sums over secretly subpoenaed phone records.
House lawmakers voted 426-0 to overturn the provision in a recent government funding bill that allowed senators — and no House members — to sue the Justice Department for $500,000 or more for each violation if their electronic records are requested without their knowledge. The measure, however, likely died upon arrival in the Upper House due to Senate Majority Leader John Thune’s defense of the new law. (RELATED: Whistleblowers Are One Step Ahead of Trump’s Justice Department to Tell Us About ‘Bigger Than Watergate’ Scandal)
“We’ll see what the House does, but I will tell you that this was designed — it was a Senate-specific solution,” Thune told reporters Wednesday. “We have strengthened this provision when it comes to allowing an agency of the federal government, the Department of Justice, in this case, to collect information, private information, about individual senators. We believe that is a violation of the powers granted by the Constitution.”
“I think you have to have some kind of responsibility and consequences for this type of weaponry,” Thune also said Wednesday.
The controversial provision, quietly inserted into a bipartisan Senate deal to end the record government shutdown, came in response to recently discovered documents subpoenaed by Judiciary Chairman Sen. Chuck Grassley. Records show former special counsel Jack Smith exploited the phone metadata of 10 Republican senators in 2022 as part of the FBI’s “Arctic Frost” investigation into President Donald Trump for alleged election interference.
Republicans cried foul because Smith seized their phone records without notification. Smith notably sought subpoena hush orders, authorized by Chief U.S. District Judge James Boasberg, that barred service providers from informing senators for a year after the records request.
Grassley released nearly 200 subpoenas issued by Smith during his investigation that targeted more than 400 Republican entities and conservative individuals.
HAWLEY: The Arctic Frost wiretapping lawsuits are flawed.
“I was not told about it, I was not asked any questions. I learned about it by reading the text of the bill, just before the vote.
“As someone who was really targeted – there were only eight of us – I would just say that I want… pic.twitter.com/b2bdR0OiWp
– Caden Olson (@_cadenolson) November 19, 2025
Lawmakers in the House of Representatives spoke out against the new law because it grants a special privilege to senators and expressed concern that it could give considerable paydays to those who have the right to sue.
“I’m not voting to give Lindsey Graham half a million dollars,” Florida Republican Rep. Greg Steube said of the controversial provision.
Graham said Wednesday that he plans to sue the DOJ for more than the $500,000 minimum payment, but wants to expand the eligibility of those eligible to sue.
WASHINGTON, DC – NOVEMBER 7: U.S. Senator Lindsey Graham (R-SC) speaks to reporters as he leaves a Republican Caucus meeting at the U.S. Capitol on November 7, 2025 in Washington, DC. Lawmakers continue to negotiate as the government shutdown reaches its 38th day, the longest in U.S. history. (Photo by Samuel Corum/Getty Images)
Lawmakers from both parties criticized the addition of this provision to the legislative text without their knowledge.
Missouri Republican Sen. Josh Hawley, who said he learned of the provision’s inclusion just before voting on the funding plan, argued that language allowing senators to collect monetary rewards for suing the federal government is a “bad idea.”
“As someone who was actually targeted — there were only eight of us — I would just say I want accountability, probably more than anyone,” Hawley told reporters. “I think taxpayer dollars are not the best way to do this. The best way to do this is strict oversight.”
House Speaker Mike Johnson said last week he was “very angry” about the provision’s inclusion in the government’s funding package, noting that Senate leaders had not consulted with him.
Thune said Thursday that while he and Johnson may have “slight differences” on certain occasions, the duo continues to have a strong working relationship.
“We communicate consistently and we are united in terms of objectives and goals,” Thune said.
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