WASHINGTON, D.C. — A little-noticed provision buried in the Senate’s compromise bill to reopen the federal government has touched off a sharp internal fight among Republicans, as House members accuse Senate leaders of granting themselves special legal protections in federal investigations. The language, added near the end of negotiations, allows U.S. senators to sue the federal government for damages if investigators obtain their phone records without advance notice.
The measure emerged after revelations that Special Counsel Jack Smith secretly subpoenaed the phone records of ten Republican senators during “Arctic Frost,” his inquiry into efforts to overturn the 2020 election. The disclosure, released last month by Senator Chuck Grassley’s office, also showed that hundreds of GOP officials and groups were swept into the broader investigation.
House Republicans said they were blindsided. Rep. Chip Roy of Texas criticized the Senate for inserting the change “at the 11th hour,” while House Speaker Mike Johnson said he was “very angry” to learn the provision had been added. Despite objections, House Republicans ultimately supported the shutdown-ending bill but vowed to strip the language later.
Some Senate Republicans defend the provision, including Senator Lindsey Graham, whose own records were subpoenaed. Graham said he plans to introduce legislation extending the right to sue the government to all Americans, arguing the episode highlights broader civil-liberty concerns. Legal experts warn that special investigative protections for lawmakers could hamper federal probes, noting that investigators often avoid notifying subjects to prevent interference.
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