A bipartisan effort to repeal a controversial provision allowing senators to claim taxpayer-funded damages for government surveillance hit a wall on the Senate floor Wednesday. Senator Lindsey Graham (R-SC) blocked the legislation, arguing that while he doesn’t seek personal enrichment, he refuses to surrender the right to sue the Justice Department for seizing his phone records.
The confrontation centered on a little-known clause tucked into a government funding package passed last November. The provision allows a select group of lawmakers to seek up to $500,000 in damages if the Department of Justice obtains their communication logs without proper notification.
Critics, including Senator Gary Peters (D-MI), have slammed the measure as a “special payday” funded by the public.
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Peters took to the floor Wednesday to ask for unanimous consent to pass H.R. 6019, a bill that would repeal the provision entirely. The legislation had already cleared the House of Representatives with a rare unanimous vote of 426-0.
“That policy is simply wrong,” Peters said, describing the original provision as a retroactive windfall for members of Congress caught up in the Jan. 6 investigation. “There are those who believe a select group of senators have the right to profit from being caught up in a legitimate criminal investigation. And they’re okay with American taxpayers footing the bill.”
Graham, one of the senators whose records were sought by Special Counsel Jack Smith during the probe into the 2020 election aftermath, immediately objected.
In an impassioned rebuttal, Graham framed the repeal effort not as a safeguard for taxpayers, but as cover for government overreach. He directed his ire at the Special Counsel’s tactics, questioning the legality of seizing a sitting senator’s records without disclosure.
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“If you cannot hold your government accountable for violating your rights… you have a very dangerous government,” Graham said.
While Graham blocked the full repeal, he offered a substitute amendment. He claimed his proposal would close the ethical loophole by preventing him and other affected senators from personally keeping the $500,000 payout, effectively “curing” the enrichment concern. However, he insisted on preserving two key elements: the requirement for the executive branch to notify members of Congress when their records are seized, and the “private cause of action” that allows individuals to sue.
“You’re off base if you think I’m doing this for a million dollars,” Graham told the chamber. “I’m going to sue for much more than that… but I’ll do it in a fashion consistent with the rules of the Senate.”
Graham argued that stripping the private cause of action would hurt non-senators and conservative groups, such as Turning Point USA, who may also have been targets of subpoenas.
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Peters rejected Graham’s counteroffer, acknowledging the concession on financial damages was a “positive starting point” but arguing that the current statute still contains “glaring exceptions” and potential for abuse that need a full legislative fix.
With both senators digging in, the repeal bill remains stalled. For now, the statute stands, leaving the door open for legal battles between Capitol Hill and the Justice Department over the boundaries of investigation and privilege.
“It’s me today, it could be y’all tomorrow,” Graham warned.
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