Executive Summary
- A new law allows U.S. senators to sue for $500,000 if federal law enforcement obtains their data without proper notification.
- The law follows the seizure of phone records from eight GOP senators as part of Special Counsel Jack Smith’s investigation into the 2020 election.
- Senators Marsha Blackburn, Bill Hagerty, and Ron Johnson have stated they will not seek damages under the provision.
- Senator Lindsey Graham has publicly confirmed his intention to file a lawsuit seeking damages.
- The provision has caused controversy, with House Speaker Mike Johnson vowing to pursue its repeal.
WASHINGTON – Several Republican senators whose phone records were obtained by Special Counsel Jack Smith’s 2020 election investigation have stated they will not seek monetary damages under a new, controversial law. The provision, included in a recent government funding bill, allows senators to sue for $500,000 if their data is seized by federal law enforcement without proper notification.
Background of the Provision
The new law was enacted in response to the revelation that investigators in 2023 obtained “limited toll records” from eight Republican senators and one House member related to the period surrounding the January 6, 2021, attack on the U.S. Capitol. Toll records show call participants and duration but not conversational content. The Justice Department, through attorneys for Jack Smith, has maintained that its actions were lawful and consistent with department policy.
Proponents argue the steep financial penalty is necessary to deter executive branch overreach and protect the legislative branch. However, the measure has drawn sharp criticism from House Republicans, who felt blindsided by its last-minute inclusion. House Speaker Mike Johnson has announced plans to fast-track a bill to repeal the lawsuit provision.
Divided Response Among Senators
Among the senators whose records were obtained, at least three have publicly declined to pursue compensation. Senator Bill Hagerty of Tennessee stated, “I do not want and I am not seeking damages for myself paid for with taxpayer dollars.” He called for accountability for what he termed an “abuse of power.”
Similarly, Senator Marsha Blackburn of Tennessee said her focus is on “holding the left accountable” and that her planned legal action would seek a declaratory judgment, not monetary damages. Senator Ron Johnson of Wisconsin also stated he has no current plans to sue for damages, though he left open the possibility of using the courts to expose what he described as the “weaponization of federal law enforcement.”
Senator Graham Intends to Sue
In contrast, Senator Lindsey Graham of South Carolina has indicated he will sue under the new law. “I’m very much for the idea [that] if you’ve been wronged there should be a remedy,” Graham told reporters, adding his intent is to “make it so painful no one ever does this again.”
The eight senators whose records were seized are Marsha Blackburn, Lindsey Graham, Bill Hagerty, Josh Hawley, Ron Johnson, Cynthia Lummis, Dan Sullivan, and Tommy Tuberville. Spokespeople for Hawley, Lummis, Sullivan, and Tuberville did not immediately respond to requests for comment on their intentions.