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Graham Blocks Fast-Track Repeal of Senate Phone-Records Payout Clause

Senate action stalled when Lindsey Graham blocked swift consideration.

Overview

  • After a 426–0 House vote to repeal the provision, the measure’s fate remains uncertain in the Senate.
  • Lindsey Graham objected to unanimous consent, vowed to sue DOJ and Verizon, and said he would seek more than the $500,000 minimum per violation.
  • Senate Majority Leader John Thune proposed redirecting any court awards to the U.S. Treasury, but Democrats objected, arguing a full statutory fix is required.
  • The clause was quietly added to the shutdown-ending bill and applies retroactively to 2022 for senators whose toll records were obtained in Jack Smith’s Jan. 6–related probe, with at least $500,000 in damages per violation and exceptions for criminal targets or court-ordered delayed notice.
  • With the Senate recessed until Dec. 1, pressure is building, including a letter from more than 100 House Democrats urging a vote, as some Republicans such as Josh Hawley oppose any personal payouts.