Particle.news
Download on the App Store
26 ARTICLES
·
2h ago

Senate Passes Funding Bill Letting Senators Sue Over Secret Data Seizures

The retroactive provision added by Majority Leader John Thune opens a path for eight Republicans targeted for phone toll records in the Arctic Frost probe to seek damages.

U.S. Sen. John Fetterman (D-PA) (L), one of eight Democrats to say he will vote with Republicans to open the government, speaks to reporters outside the Senate Chamber during votes on November 10, 2025 on Capitol Hill in Washington, DC.
The U.S. Capitol building in Washington, D.C., U.S., November 10, 2025. REUTERS/Evelyn Hockstein
Pro-Trump protesters gather in front of the U.S. Capitol Building on Jan. 6, 2021.
Senate Majority Leader John Thune on Nov. 10, 2025 in the U.S. Capitol.

Overview

  • The measure creates a private right of action for any senator whose Senate-related data was obtained without required notice, with statutory damages of $500,000 per violation and recovery of attorneys' fees.
  • The bill bars federal officers from invoking absolute or qualified immunity as a defense and gives senators five years from learning of a violation to file suit.
  • Service providers must notify Senate offices when law enforcement seeks a member’s data, with courts allowed to delay notice only under narrow conditions for up to 60 days when a senator is a target and specific risks are present.
  • The language applies retroactively to Jan. 1, 2022, covering 2023 subpoenas for toll records involving Sens. Lindsey Graham, Marsha Blackburn, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson and Cynthia Lummis.
  • The provision applies only to senators, excluding House members such as Rep. Mike Kelly, and it drew Democratic objections over its late insertion as the package heads to the Republican-led House.