The House of Representatives voted unanimously Wednesday night to repeal a new law that would allow senators to sue the federal government for huge sums over secretly submitted phone records.
House lawmakers voted 426-0 to repeal a provision included in a recent government funding bill that allowed senators (but not House members) Sue The Justice Department charges $500,000 or more per violation if their electronic records are sought without their knowledge. However, the measure is likely to be killed upon arrival in the upper chamber due to Senate Majority Leader John Thune's defense of the new law. (RELATED: Whistleblowers Way Ahead of Trump's Justice Department, Telling Us About a Scandal 'Bigger Than Watergate')
“We'll see what the House does, but I will tell you this was by design — it was a special resolution of the Senate,” Thune told reporters Wednesday. “We have strengthened that provision when it comes to allowing a federal government agency, in this case the Department of Justice, to collect information, private information, about individual senators. We believe that this is a violation of the powers provided by the Constitution.”
“I think there should be some kind of accountability and consequences for these weapons,” Thune also said Wednesday.
The controversial provision, quietly included in the Senate's bipartisan agreement to end the record government shutdown, comes in response to newly discovered documents. garden under the store Judiciary Chairman Senator Chuck Grassley. Records showed that former special counsel Jack Smith tapped the phone metadata of 10 Republican senators in 2022 as part of the FBI's “Arctic Freeze” investigation into President Donald Trump over alleged election interference.
Republicans alleged impropriety because Smith confiscated their phone records without notice. Smith, in particular, sought an injunction against the subpoena. allowed Chief U.S. District Judge James Boasberg barred service providers from notifying senators for one year after requesting the records.
Grassley released nearly 200 subpoenas issued by Smith as part of his investigation into more than 400 GOP organizations and conservative individuals.
HAWLEY: The Arctic Frost wiretapping claims are wrong.
“I was not told about this, I was not asked about this, I found out about this when I read the text of the bill – right before we voted.
“As someone who was actually targeted – there were only eight of us – I would just say that I want… pic.twitter.com/b2bdR0OiWp
— Kayden Olson (@_cadenolson) November 19, 2025
House lawmakers have opposed a new law granting special privileges to senators and expressed concern that it could provide significant paydays to those who have the power 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 he plans to sue the Justice Department for more than the $500,000 minimum, but wants to expand who can sue.
WASHINGTON, DC – NOVEMBER 7: U.S. Senator Lindsey Graham (R-S.C.) speaks to reporters as he leaves the Republican Caucus meeting at the U.S. Capitol on November 7, 2025 in Washington, DC. Lawmakers continue negotiations 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 provision, which was added to the law without their knowledge.
Missouri Republican Sen. Josh Hawley, who said he learned the provision was included just before voting on the funding package, said the language allowing senators to receive cash rewards for suing the federal government is a “bad idea.”
“As someone who was actually the target of an attack – there were only eight of us – I would just say that I want accountability probably more than anyone else,” Hawley told reporters. “I think taxpayer money is not the best way to do it. The way to do it is through strong oversight.”
House Speaker Mike Johnson said last week that he was “very angry” about the inclusion of the provision in the government funding package, noting that Senate leadership had not consulted with it.
Thune said Thursday that while he and Johnson may have “a little disagreement” on some occasions, the duo continues to have a strong working relationship.
“We communicate on a regular basis and we are aligned in terms of our goals and objectives,” Thune said.
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