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Senate Passes Funding Bill Letting Senators Sue Over Jan. 6 Phone-Record Searches

The package now moves to the House, drawing sharp partisan reactions.

Overview

  • By a series of 60–40 votes, the Senate approved a shutdown-ending package that includes a legislative-branch rider creating a right for senators to sue the United States over unauthorized acquisition or disclosure of their Senate data without notice.
  • The provision authorizes up to $500,000 per violation, gives senators five years from discovery to file, and strips federal officers of absolute or qualified immunity defenses.
  • In criminal probes, investigators could delay notifying a senator for up to 60 days if necessary, but broader nondisclosure orders would be curtailed under the new rules.
  • The measure is reported to be retroactive to 2022, potentially covering Special Counsel Jack Smith’s subpoenas for Jan. 4–7, 2021 toll records of eight GOP senators, which sought call metadata rather than content.
  • Republicans credit Majority Leader John Thune for inserting the language and say it checks DOJ overreach, while Democrats criticize the last-minute insertion and lack of consultation.