WASHINGTON – Maryland Reps. Jamie Raskin, a Democrat, and Andy Harris, a Republican, agree that the Senate wrongly approved a provision that would allow senators to sue the government for up to $500,000 if they are not notified that their electronic data has been obtained in federal investigations.
Raskin, the top Democrat on the House Judiciary Committee, called the provision “one of the most blatantly corrupt provisions for political self-dealing and the plunder of public resources ever proposed in Congress.”
The language was quietly inserted into the spending bill that the Senate and House passed – and President Donald Trump signed Wednesday night – that ended the record 43-day government shutdown.
Harris expressed his frustration over the provision, adding that while there is a need to address the “weaponization of the Biden Justice Department against conservatives,” the provision is not the right way to do so.
“The House will take action to repeal it early next week,” Harris told Capital News Service.
The provision included at the last minute provided a pathway for eight Republican senators to begin civil litigation against the Justice Department for the non-disclosure subpoenas used during investigations into Trump’s efforts to overturn the 2020 election.
House Speaker Mike Johnson, R-Louisiana, said he was “surprised” and “very angry” at the provision.
“We had no idea that (the legislative language) was dropped at the last minute,” Johnson said. “And, I did not appreciate that, nor did most of the House members; many of them were very angry about that.”
He said an effort would be mounted next week to repeal the provision.
“Republicans aren’t just trying to rip health care away from people, they’re trying to give themselves $500,000 bonuses funded by taxpayers,” Sen. Angela Alsobrooks, D-Maryland, told CNS.
“This was an outrageous provision that Senate Republicans snuck into the bill,” Sen. Chris Van Hollen, D-Maryland, said in a statement. “There are legitimate means to question the actions of federal law enforcement authorities without teeing up a potential taxpayer-funded payday for a select group of Republican senators. This is blatant self-dealing and I will be working to repeal it.”
The legislation came about a month after Sen. Chuck Grassley, R-Iowa, released documents in the Senate Judiciary Committee that claimed the government, along with Special Counsel Jack Smith, “spied” on lawmakers in 2023 during the 2020 election probe.
The investigation, nicknamed “Arctic Frost,” obtained call times from specific lawmakers from Jan. 4 to Jan. 7, 2021, the period that spanned the Jan. 6 attack on the United States Capitol by Trump’s supporters aimed at halting the certification of the election of Joe Biden to the presidency.
The document stated that an FBI agent, whose name was redacted, “conducted preliminary toll analysis on limited toll records associated with (eight) senators.” Those involved were Sens. Josh Hawley, R-Missouri, Lindsey Graham, R-South Carolina, Marsha Blackburn, R-Tennessee, Bill Hagerty, R-Tennessee, Ron Johnson, R-Wisconsin, Cynthia Lummis, R-Wyoming, Tommy Tuberville, R-Alabama, and Dan Sullivan R-Alaska.
Smith last month disputed claims that he wiretapped or spied on GOP lawmakers.
Instead, he said he obtained a grand jury subpoena only for the toll records of eight senators and one House member, according to a letter sent by Smith’s lawyers to Grassley, who is chairman of the Senate judiciary panel.
“Mr. Smith’s actions as Special Counsel were consistent with the decisions of a prosecutor who has devoted his career to following the facts and the law, without fear or favor and without regard for the political consequences,” according to the Oct. 21 letter.
Graham supported the Senate provision in the spending bill and told Fox News Thursday that “we’re not going to let this go.”
“When Jack Smith was looking at my phone records and those of other senators, I think he broke the law and I think it needs to be held accountable, and I think those who brought this about need to pay and pay big,” Graham said.
Raskin responded on X and pressed Graham on his desire to sue the Justice Department.
“Sir, you were treated like every other American who gets caught up in a massive criminal event or conspiracy. Do you now want to ban all grand jury subpoenas of phone records or just vote yourself a million dollar taxpayer jackpot because you got one and you think Senators should have special privileges over everyone else?” Raskin said.
Sen. Ted Cruz, R-Texas, claimed Senate Majority Leader John Thune, R-South Dakota, was responsible for the inclusion of the provision, according to Politico.
Johnson said at a press conference that the Senate language “was way out of line.”
“We’re going to repeal (the provision), and I’m going to expect our colleagues in the Senate to do the same thing,” he said.