The provision in the package of laws that would end the shutdown allows senators to sue if federal law enforcement seizes or subpoenas their data without notifying them, with potential damages of $500,000 per violation.
language appears to be allowing GOP senators to sue over steps the Justice Department took during special counsel Jack Smith's investigation into President Trump related to the 2020 election. In October, Senate Republicans disclosed FBI document showing investigators obtained phone records from eight senators and one congressman from calls they made in the days before and after the Jan. 6, 2021, attack on the Capitol. The records were obtained through a subpoena in 2023.
The bill requires service providers to alert the offices of the Senate and the Senate Sergeant-at-Arms if federal law enforcement agencies request senators' records, and says a court cannot delay notification unless the senator is the subject of a criminal investigation.
The bill further states: “Any Senator whose Senate records or the Senate records of whose office in the Senate have been obtained, 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 any Federal department or agency.”
The bill says senators are entitled to $500,000 for each violation of notice provisions, and it prevents the government from invoking multiple types of immunity to rebut claims. Claims can be filed up to five years after a senator first became aware of the violation, and this allows senators to file claims for anything that occurred after January 2022. The FBI analyzed the senators' call records in 2023, meaning they could file lawsuits under the law.
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