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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSpending Bill Would Pave Way for Senators to Sue Over Phone Searches (NYT Gift Link)
I am wondering how one can make this law retroactive?
Republicans have voiced outrage that Jack Smith looked at G.O.P. lawmakers phone records surrounding the Jan. 6 attack. Legislation to reopen the government would allow them to sue for $500,000 each.
Link to tweet
https://www.nytimes.com/2025/11/10/us/politics/senators-shutdown-smith-phone-searches.html?unlocked_article_code=1.0E8.cU57.ifmN9cWGUHoV&smid=tw-share
The provision, tucked into a measure to fund the legislative branch, appears to immediately allow for eight G.O.P. senators to sue the government over their phone records being seized in the course of the investigation by Jack Smith, the former special counsel, into the riot at the Capitol on Jan. 6, 2021.
The provision would make it a violation of the law to not notify a senator if their phone records or other metadata was taken from a service provider like a phone company. There are some exceptions, such as 60-day delays in notification if the senator is considered the target of an investigation.
The language of the bill states that any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, 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 of any federal department or agency.
Because the provision is retroactive to 2022, it would appear to make eligible the eight lawmakers whose phone records were subpoenaed by investigators for Mr. Smith as he examined efforts by Donald J. Trump to obstruct the results of the 2020 presidential election.
Each violation would be worth at least $500,000 in any legal claim, according to the bill language. The bill would also sharply limit the way the government could resist such a claim, taking away any government claims of qualified or sovereign immunity to fight a lawsuit over the issue......
The provision would make it a violation of the law to not notify a senator if their phone records or other metadata was taken from a service provider like a phone company. There are some exceptions, such as 60-day delays in notification if the senator is considered the target of an investigation.
The language of the bill states that any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, 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 of any federal department or agency.
Because the provision is retroactive to 2022, it would appear to make eligible the eight lawmakers whose phone records were subpoenaed by investigators for Mr. Smith as he examined efforts by Donald J. Trump to obstruct the results of the 2020 presidential election.
Each violation would be worth at least $500,000 in any legal claim, according to the bill language. The bill would also sharply limit the way the government could resist such a claim, taking away any government claims of qualified or sovereign immunity to fight a lawsuit over the issue......
The DOJ/Federal government will be the one paying these damages and I doubt that trump's DOJ will raise any real issues with respect to retroactive provisions of this law
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Spending Bill Would Pave Way for Senators to Sue Over Phone Searches (NYT Gift Link) (Original Post)
LetMyPeopleVote
Nov 11
OP
Incredible Senate-ing here as senators make this applicable just to them, not House members
LetMyPeopleVote
Nov 11
#1
so senators read the bill and approved, or they didnt do their job by reading the bill before the vote?
msongs
Nov 11
#2
Maddowblog-GOP's Lindsey Graham says he'll 'definitely' sue over faux phone records controversy
LetMyPeopleVote
Nov 13
#4
LetMyPeopleVote
(174,824 posts)1. Incredible Senate-ing here as senators make this applicable just to them, not House members
msongs
(73,074 posts)2. so senators read the bill and approved, or they didnt do their job by reading the bill before the vote?
LetMyPeopleVote
(174,824 posts)3. Chip Roy is an asshole but he wants this provision stripped from bill
Link to tweet
?s=20
LetMyPeopleVote
(174,824 posts)4. Maddowblog-GOP's Lindsey Graham says he'll 'definitely' sue over faux phone records controversy
Senate Republicans empowered themselves to file lucrative Arctic Frost lawsuits, but House Republicans intend to take that power away.
GOP's Lindsey Graham says he'll 'definitely' sue over faux phone records controversy www.msnbc.com/rachel-maddo...
— Chrisby (@chrisbyc.bsky.social) 2025-11-13T16:52:35.689Z
https://www.msnbc.com/rachel-maddow-show/maddowblog/gops-lindsey-graham-says-ll-definitely-sue-faux-phone-records-controve-rcna243711
Republican Sen. Lindsey Graham of South Carolina, one of the eight eligible GOP senators, nevertheless boasted about his intention to take advantage of the opportunity Republicans created for themselves. The Washington Post reported:
He did not appear to be kidding.
But before Grahams lawyers head to a nearby courthouse, they should probably take note of the fact that a whole lot of House members including plenty of Republicans arent pleased about the Senate GOPs gambit, and theyre eager to do something about it. Roll Call reported:
In comments to reporters this week, the House speaker conceded the Senates provision was a really bad look, which his chamber intends to fix in a standalone bill.
Graham, who had his phone records seized, said Wednesday that he would definitely sue under the law. And if you think Im going to settle this thing for a million dollars? No, Graham told reporters in South Carolina. I want to make it so painful no one ever does this again.
He did not appear to be kidding.
Link to tweet
But before Grahams lawyers head to a nearby courthouse, they should probably take note of the fact that a whole lot of House members including plenty of Republicans arent pleased about the Senate GOPs gambit, and theyre eager to do something about it. Roll Call reported:
Speaker Mike Johnson announced plans to pursue legislation next week that would repeal a Senate provision in a major spending package that incensed House Republicans and threatened to prolong the partial government shutdown. The must-pass spending measure drew eleventh-hour objections from House members of both parties after the discovery in recent days of a provision that would allow senators to sue for at least $500,000 each when federal investigators search their phone records in a judicially sanctioned probe without notifying them.
In comments to reporters this week, the House speaker conceded the Senates provision was a really bad look, which his chamber intends to fix in a standalone bill.
