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Top House Dem Slams GOP Senators Over ‘Corrupt’ Payout Provision

4 mins read
Jamie Raskin
Photo Credit: Edward Kimmel from Takoma Park, MD, CC BY-SA 2.0 , via Wikimedia Commons

A new Senate-approved plan to reopen the government is sparking outrage on Capitol Hill after a little-known provision surfaced that could allow several Republican senators to collect large financial settlements tied to past investigations into their phone records.

The measure, buried within a legislative branch funding bill included in the broader spending package to end the government shutdown, would enable senators to sue the federal government for up to $500,000 per violation if their official data was obtained without notice.

According to the legislation, any senator or Senate office whose data was “acquired, subpoenaed, searched, accessed, or disclosed in violation of this section” could file a civil suit against the United States.

The bill explicitly states that no federal official would be able to claim immunity in such cases, leaving the government open to potential multimillion-dollar liabilities.

The measure also grants senators five years from discovering an infraction to file a lawsuit and allows delayed notification of searches only under specific circumstances, such as when criminal evidence might be destroyed or a suspect might flee, and even then only for 60 days.

Rep. Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, blasted the proposal, calling it “one of the most blatantly corrupt provisions for political self-dealing and the plunder of public resources ever proposed in Congress.”

Raskin argued that it was inappropriate for lawmakers to personally profit from what he described as standard law enforcement procedures.

The provision, which would apply retroactively to 2022, is narrowly tailored to benefit members of the Senate.

Raskin, in a statement, mocked the potential payouts, remarking, “That’s a cool one million per Senator.”

He said the information in question amounted to routine call logs rather than intercepted conversations, claiming the lawmakers were “pathetically casting themselves as victims.”

The backlash comes after Sen. Chuck Grassley of Iowa revealed that he had uncovered evidence showing the FBI examined the phone metadata of several Republican lawmakers.

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Among those reportedly targeted were Sens. Marsha Blackburn of Tennessee, Cynthia Lummis of Wyoming, Ron Johnson of Wisconsin, Tommy Tuberville of Alabama, Dan Sullivan of Alaska, Josh Hawley of Missouri, Bill Hagerty of Tennessee, Lindsey Graham of South Carolina, and Rep. Mike Kelly of Pennsylvania.

The FBI’s review was conducted as part of Special Counsel Jack Smith’s investigation, code-named “Arctic Frost,” which ultimately led to President Donald Trump being charged in Washington, D.C., over allegations tied to the 2020 election.

As part of the same probe, the Biden Justice Department turned over Trump’s government-issued phone and subpoenaed records from his personal devices.

Raskin maintained that senators were being treated no differently than ordinary citizens, insisting that such subpoenas and nondisclosure orders are routine in federal and state grand jury investigations.

He wrote, “No one has an absolute right to be notified that their call records have been subpoenaed, much less the right to a million bucks if it happens.”

Raskin added that if lawmakers wanted to change the rules around phone record subpoenas, they should do so for all Americans, not just the hundred senators in Congress.

He went on to argue that any such policy should apply equally across the country.

“If we believe that citizens should receive notice when the government subpoenas their phone bill, great! Perhaps this revolutionary new policy should be the law—but then it should protect the civil liberties of all 320 million Americans … not just those in the Senate.”

On Tuesday night, Raskin reportedly introduced and amendment to delete the provision.

Rep. Chip Roy (R-TX) agrees with Raskin, alleging that the provision is “self-serving, self-dealing kind of stuff” and calling for it to be “fixed as soon as possible.”

However, Roy acknowledged that removing the provision from the bill would keep the government shutdown from ending, as the Senate would be forced to approve it again.

Democratic frustration over the proposal appears widespread. Sen. Martin Heinrich of New Mexico, the ranking Democrat on the subcommittee, said he was outraged that party leaders inserted the measure without input from the panel tasked with overseeing such matters.

“I am furious that the Senate Minority and Majority Leaders chose to airdrop this provision into this bill at the eleventh hour—with zero consultation or negotiation with the subcommittee that actually oversees this work,” Heinrich stated. “This is precisely what’s wrong with the Senate.”

Republicans, however, say the measure is necessary to protect legislative independence and ensure federal agencies are not weaponized for political purposes.

Sen. Ted Cruz of Texas, who claims to be one of the lawmakers whose phone data was reportedly subpoenaed, said Senate GOP Whip John Thune was responsible for adding the provision to the bill.

“Leader Thune inserted that in the bill to provide real teeth to the prohibition on the Department of Justice targeting senators,” Cruz said Monday evening.

He described the measure as a direct response to Special Counsel Smith’s actions against Republican lawmakers.

When asked whether the potential payouts could divert funds from other federal programs, Cruz defended the provision as necessary accountability, accusing the Biden administration of politicizing federal law enforcement.

“This is the worst single instance of politicization our country has ever seen,” Cruz said.

While the controversy over the Senate data provision continues, House Democrats are pushing their own legislative priorities in the closing days of the shutdown standoff.

Minority Leader Hakeem Jeffries announced that Democrats would attempt to attach a three-year extension of Affordable Care Act subsidies to the same spending package.

“Before the Rules Committee this evening, House Democrats will give the Republicans another opportunity to extend the Affordable Care Act tax credits by introducing an amendment that will extend these tax credits for a three-year period of time,” Jeffries told reporters.

Jeffries accused Republicans of creating what he described as a “healthcare crisis all across America” and said they now had a chance to work with Democrats to address it.

“You now have an opportunity to actually take some action by working with Democrats before the Rules Committee this evening to extend the Affordable Care Act tax credit,” he said.

Democrats are also proposing a series of additional amendments, including restrictions on firing federal workers, protections against cuts to Medicaid and Medicare, and limitations on reductions to federal safety-net programs.

Rep. Teresa Fernández hihglighted her party’s long-running focus on expanding healthcare coverage, saying Democrats had fought for decades to ensure Americans had access to medical care.

“Democrats have been fighting Republicans in a long struggle to provide healthcare to Americans,” she said.

“We have been fighting Republicans when we created Medicare, when we created Medicaid, when we created the Affordable Care Act, and we’re not going to give up that fight.”

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