Senate erupts over law allowing lawmakers to sue for $500,000 in taxpayer money

The Senate is once again experiencing a moment of bipartisan unity in its fury over recently passed legislation that would allow lawmakers to sue the federal government and reap hundreds of thousands of dollars in taxpayer money as a reward.

Lawmakers on both sides continue to grapple with including a provision in a package designed to reopen the government that would allow only senators directly targeted by the Biden-led Department of Justice (DOJ) and former special counsel Jack Smith’s Arctic Frost investigation to sue the U.S. government for up to $500,000.

The anger of Senate Republicans and Democrats over this provision is multifaceted. Some are upset that the legislature’s spending bill was hidden without notice. Others see it as nothing more than a quick payday for the relatively small group of senators targeted by Smith’s investigation.

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The Senate overcame procedural hurdles and advanced its agenda for reopening the government, with responsibility for ending the shutdown now falling to the House. (Tom Brenner/Getty Images)

“I think it was outrageous that this was installed and dropped in there,” Sen. Gary Peters, D-Mich., told Fox News Digital. “This is outrageous. This is simply a money grab for senators to take money from taxpayers. It is absolutely outrageous and needs to be removed.”

The provision was included in the spending package by Senate Majority Leader John Thune, R-S.D., at the request of GOP lawmakers. And he received the green light from Senate Minority Leader Chuck Schumer, D-N.Y.

The provision is narrowly tailored to include only senators and would require them to be notified if their information is requested by the DOJ, whether through a subpoena of phone records like in the Arctic Frost investigation or through other means. The idea is to prevent DOJ abuses to go after sitting senators, now and in the future.

Thune rejected the idea that lawmakers were unaware that this provision was in the bill, given that the entire package was released about 24 hours before it was voted on. But he acknowledged their frustration with how it was added was justified.

“I think I view that as a legitimate criticism in terms of the process, but I think, fundamentally, I believe you have to have some sort of accountability and consequences for this type of weaponization against a co-equal branch of government,” Thune said.

Schumer, when asked about the anger brewing on both sides of the aisle, placed the blame on Thune, but noted it was also an opportunity to gain protection for Democrats.

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Sen. Josh Hawley, R-Mo., introduced the bipartisan bill at a news conference Tuesday. (Valérie Plesch/Bloomberg via Getty Images)

“Look, ultimately Thune wanted this provision, and we wanted to make sure that at least Democratic senators were protected from (Attorney General Pam) Bondi and others who might come after them,” Schumer said. “So we made it prospective, not just retroactive, but I would be in favor of repealing all the provisions, all of them. And I hope that happens.”

The House is expected to vote on legislation that would repeal this language, and many members of the upper chamber want the option to erase the provision if it passes the House. It is not yet known whether Thune will take him to the ground.

Sen. Josh Hawley, R-Mo., was one of eight senators whose records were requested during Smith’s investigation. He told Fox News Digital that he was neither asked nor told about the provision and, like many other lawmakers, discovered it while reading the bill.

“I just think that, you know, giving them money — I mean making the taxpayer pay, I don’t understand why that’s a liability,” he said. “I mean, the people who need to be held accountable are the ones who made the decision to do this and, frankly, also the telecommunications companies. So, I just don’t agree with that approach.”

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Senator Lindsey Graham, R-S.C., during a press conference at the United States Capitol on June 20, 2024 in Washington, DC (Anna Moneymaker/Getty Images)

He also took issue with the fact that the provision was narrowly tailored to apply only to the Senate and argued that it could be reworked to provide only for a declaratory judgment in court rather than a monetary judgment.

“I could see the benefit of having a court that said it was illegal and ruled against the government,” Hawley said. “I think it’s the monetary provisions that really turn off most people, myself included. Like, why are taxpayers responsible for this, and why does this only apply to the Senate?”

The provision sets a date retroactive to 2022 to allow the group of senators targeted by Smith’s Arctic Frost investigation to be able to file a lawsuit. This item also raised eyebrows on both sides of the aisle.

Sen. James Lankford, R-Okla., told Fox News Digital he supports repealing the provision, but wants to fix it.

“The best way to deal with this, I think, is to be able to address it, to remove retroactivity,” he said. “The original goal of this whole thing was to make sure this never happens again.”

Sen. Andy Kim, D-N.J., told Fox News Digital the provision was a “total mess” and raised concerns on a bipartisan basis.

Rep. Andy Kim, D-N.J., addresses delegates in Paramus, NJ, March 4, 2024. (AP Photo/Seth Wenig, file)

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However, not all senators agreed to drop this provision.

Sen. Lindsey Graham, R-S.C., made clear he intended to sue the DOJ and Verizon, his phone carrier, and argued that he did not believe the provision concerned self-dealing, but rather that it was intended to deter similar future actions. He also wants to take this provision, or its central idea, a little further.

Graham said he wants to open the process to others, including dozens of groups, former lawmakers and others affected by the investigation.

“Is it wrong for an American to sue the government if they have violated your rights, including me? Is it wrong if a Post Office truck hits you, what do you do with the money? You do what you want with the money,” Graham said.

“If you have been wronged, this idea that our government cannot be sued is a dangerous idea,” he continued. “The government must be held accountable when it violates the rights of citizens.”

Senator Ted Cruz, Republican of Texas, was much more succinct. When asked if he would support repealing this provision, he told Fox News Digital, “No.”