In a show of bipartisan unity, the House of Representatives voted 426 to 0 late Wednesday evening to repeal a controversial provision that would have allowed senators to sue the federal government for massive financial damages over secretly subpoenaed electronic records.
The now-overturned measure, quietly inserted into a recent government funding bill, would have permitted only senators to sue the Department of Justice (DOJ) for a minimum of $500,000 per violation if their electronic records were requested without their knowledge. House lawmakers were excluded from this special privilege, sparking widespread outrage and the swift, unanimous action to repeal.
However, the House’s action is likely to be “dead on arrival” in the Senate, where Majority Leader John Thune (R-SD) is staunchly defending the provision as a necessary check on executive power.
Senator Thune defended the measure, which was a response to revelations that former special counsel Jack Smith had secretly tapped the telephone metadata of ten Republican senators in 2022 as part of the FBI’s “Arctic Frost” investigation.
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“We’ll see what the House does, but I will tell you that that was designed — that was a Senate-specific solution,” Thune told reporters. “We strengthened that provision when it comes to allowing a federal government agency, the Justice Department, in this case, to collect information, private information, on individual senators. We think that is a violation of powers under the Constitution.”
Thune added that he believes “you need to have some sort of accountability and consequence for that kind of weaponization.”
The contentious provision was slipped into a bipartisan Senate deal to end a record-breaking government shutdown. House members from both parties immediately criticized it for creating a financial carve-out for senators.
Florida Rep. Greg Steube (R-FL) expressed his disdain for the monetary aspect, stating, “I’m not voting to give Lindsey Graham half a million dollars,” referring to Sen. Lindsey Graham (R-SC), who was among those targeted and has already stated his intent to sue the DOJ for more than the minimum payout.
House Speaker Mike Johnson (R-LA) last week conveyed he was “very angry” about the provision’s inclusion without his consultation. Despite the disagreement on this specific issue, Thune maintained Thursday that he and Johnson continue to have a strong working relationship.
Hawley: Accountability, Not Taxpayer Payday
Even some of the targeted senators have voiced opposition to the financial remedy. Sen. Josh Hawley (R-MO), one of the eight senators whose phone records were subpoenaed, argued the provision allowing monetary rewards is a “bad idea.”
“As someone who was actually targeted — there were only eight of us — I would just say that I want accountability probably more than anybody,” Hawley told reporters. “I think taxpayer money is not the way to do it. The way to do it is tough oversight.”
The underlying issue stems from subpoenaed documents—made public by Judiciary Chairman Sen. Chuck Grassley (R-IA)—showing that Smith sought gag orders, which prevented service providers from notifying the senators for one year after the records request.
With the House overwhelmingly rejecting the compensation clause, the political battle now shifts back to the Senate, where the chamber’s leadership remains intent on preserving the law despite the House’s unified opposition.
READ: Florida Rep. Mills Dodges Censure As House Republicans Vote To Scuttle Measure
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