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House Set to Vote on Repeal of Senate Phone-Data Lawsuit Clause

The late-added clause grants senators a retroactive right to seek $500,000 over unnoticed data seizures tied to Jack Smith subpoenas.

Overview

  • House leaders scheduled a Wednesday vote under suspension rules to overturn the provision, with bipartisan support expected for passage.
  • Senate prospects are unclear as Democrats filed a repeal bill that currently lacks Republican co-sponsors and would likely need 60 votes to advance.
  • Senate Majority Leader John Thune defends the measure as a deterrent against perceived Justice Department overreach, even as many Republicans criticize its optics and retroactivity.
  • The language applies only to senators, is retroactive to Jan. 1, 2022, requires notification of data seizures, and allows $500,000 per violation except when a senator is a criminal target.
  • At least eight GOP senators had call-detail records obtained in the Jan. 6 probe; most say they will not sue, while Lindsey Graham signaled he might pursue a case as others push for full repeal.