WASHINGTON — Senate Majority Leader John Thune signaled Tuesday that his chamber would not engage with House efforts to repeal legislation allowing senators caught up in special counsel Jack Smith’s investigation of the 2020 election to sue for up to $500,000.
“The House is going to do what they’re going to do with it. It didn’t apply to them,” Thune (R-SD) told CNN about the provision, which was tucked into the bill that ended the 43-day government shutdown last week.
“I don’t think anybody was talking about taking the money,” the majority leader added, “but I think the penalty is in place to ensure that in the future … there is a remedy in place.”
Last month, it was revealed that 10 GOP lawmakers, including nine senators, had their phone metadata handed over to Smith after subpoenas were issued to their carrier, Verizon, in May 2023. Smith had taken over the FBI’s Arctic Frost probe, which investigated efforts by Trump allies to overturn the 2020 election result.
The provision would allow the affected senators to claim up to $500,000 in damages, plus attorneys’ fees, for each instance in which their call logs were coughed up to the feds.
Phone carriers would also be required to immediately notify senators and their offices if their devices, accounts, records or communications are sought — unless the lawmakers are the target of a criminal investigation, in which case a judge can issue a 60-day nondisclosure order if they find an imminent threat to “the life or physical safety of any person” or that the targeted senator poses a flight risk, that evidence would be destroyed, that witnesses would be intimidated or that the investigation would be jeopardized.
One of the lawmakers targeted, Sen. Lindsey Graham (R-SC), has already vowed to sue the federal government over the ordeal.
“I think this was worse than Watergate, an effort to destroy President Trump, charge him with crimes that are just ridiculous, and come after people like me,” Graham told Fox News’ Sean Hannity Tuesday.
“I’m not going to put up with this crap anymore. I’m going to sue.”
Others targeted include Sens. Bill Hagerty of Tennessee, Cynthia Lummis of Wyoming, Dan Sullivan of Alaska, Josh Hawley of Missouri, Marsha Blackburn of Tennessee, Ron Johnson of Wisconsin, Tommy Tuberville of Alabama, and Rep. Mike Kelly of Pennsylvania, according to documents released by Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa).
“There’s a statute that obviously was violated, and what this does is enables people who are harmed, in this case, United States senators, to have a private right of action against the weaponization by the Justice Department,” Thune said Tuesday night.
House lawmakers, led by Speaker Mike Johnson (R-La.) expressed outrage that the provision was part of vital legislation to reopen the government, but opted to pass the legislation anyway.
A vote on repealing the provision was set for later Wednesday and was expected to overwhelmingly pass the House.
“I have since talked to Thune and the senators who were involved in that, and their motivation was pure,” Johnson told “Fox News Sunday.”
“What they were trying to do is put teeth into the provision of law that prevents these abuses like Jack Smith and these rogue prosecutors who weaponize the DOJ to go after political enemies.”
