The recent conclusion of the longest government shutdown in U.S. history has sparked a new controversy regarding a clause in the legislation that may financially benefit eight sitting senators. A provision buried within the 394-page bill to reopen the government allows these senators to sue the U.S. government for at least $1 million each if their phone or digital records were obtained without prior notice.
This clause, retroactive to 2022, specifically targets eight Republican senators whose phone records were subpoenaed during Special Counsel Jack Smith’s investigation into efforts to overturn the 2020 election. The provision states: “…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.”
Each senator could potentially claim two separate violations—one for the subpoena and another for the nondisclosure order—meaning that the initial payout could start at $1 million per individual, funded by taxpayers. According to NBC News, the eight senators who had their phone records accessed are: Lindsey Graham of South Carolina, Bill Hagerty of Tennessee, Josh Hawley of Missouri, Dan Sullivan of Alaska, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin, Cynthia Lummis of Wyoming, and Marsha Blackburn of Tennessee.
Criticism from Congressional Members
The provision has drawn sharp criticism from various members of Congress, who argue that it was not made available to the general public or even to members of the House, effectively limiting benefits exclusively to senators. Rep. Johnny Olszewski (D-Md.) condemned the clause, stating, “It allows senators to write themselves, and only themselves, million-dollar checks because their phone records were legally subpoenaed. Checks paid for by American taxpayers. It’s corruption at a whole new level.”
Similarly, Rep. Alexandria Ocasio-Cortez (D-N.Y.) expressed outrage, stating, “It is unconscionable that what we are debating right now is legislation that will give eight members of the United States Senate over a million dollars apiece, robbing people of their food assistance and their health care to pay for it. How is this even on the floor?”
Allegations of Legislative Self-Dealing
House Democrats, including Jamie Raskin, the ranking member of the Judiciary Committee, have labeled the measure a corrupt “jackpot” inserted at the last minute. During a floor debate, Raskin remarked, “This bill, which they now call imperfect, contains the single most corrupt provision for legislative self-dealing that anyone in this chamber today has ever voted on. It is such an egregiously corrupt act of legislator self-enrichment and plunder of the taxpayer.”
Raskin continued by criticizing the provision’s implications, noting that it would eliminate the government’s sovereign immunity for such lawsuits. This change would significantly weaken a long-standing legal shield for government law enforcement agencies, making it almost certain that any senator who decided to sue would receive financial compensation.
Despite the bipartisan backlash, House leaders have indicated they will proceed with the broader shutdown deal to ensure federal operations resume. They promised to revisit or repeal the controversial section “next week,” but the immediate focus remains on the implications of the bill and its unexpected benefits for a select group of senators.