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1h ago

Senate Passes Funding Bill With Clause Letting Senators Sue Over Secret Data Seizures

The package answers disclosures about FBI toll‑record subpoenas in Jack Smith’s Jan. 6 inquiry by granting senators a retroactive cause of action with strict notice rules.

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
Senate Majority Leader John Thune on Nov. 10, 2025 in the U.S. Capitol.
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Overview

  • The Senate approved the shutdown‑ending package in a series of 60–40 votes, sending the measure to the House.
  • The provision creates a private right of action with statutory damages up to $500,000 per violation, a five‑year filing window from discovery, and retroactive reach to January 2022.
  • It bars absolute and qualified immunity defenses and requires service providers to notify Senate offices, with a court‑approved 60‑day nondisclosure only in narrow circumstances such as when a senator is a target.
  • Republicans credit Majority Leader John Thune with inserting the language, while Democrats criticize the last‑minute process and potential taxpayer payouts.
  • The move follows revelations that investigators obtained toll records for eight Republican senators in 2023 under Jack Smith’s "Arctic Frost" work, which his attorneys say was lawful and narrowly tailored.