A new provision in the bill to end the government shutdown would grant senators a powerful tool: suing the US government for up to $500,000 if their data is seized or subpoenaed without proper notification. The measure aims to curb what lawmakers claim was an unconstitutional breach of trust by the Biden administration.
Under the new legislation, senators can bring civil actions against the US if their Senate data is accessed or disclosed in violation of the notification provisions. This could include steps taken during special counsel Jack Smith's investigation into President Trump's alleged attempts to pressure senators into delaying certification of President Biden's Electoral College victory.
The law requires service providers to alert Senate offices and the sergeant at arms if federal law enforcement requests senators' data, with court orders preventing delays unless a senator is under criminal investigation. The government faces potential damages of $500,000 for each violation, which could be significant given that the FBI analyzed senators' call records in 2023 โ potentially giving lawmakers grounds to sue.
GOP senators have already expressed outrage over their phone records being obtained by the FBI without proper notification. Senator Chuck Grassley described the actions as an "unconstitutional breach" and claimed the Biden administration was "weaponizing the Justice Department." The measure could provide a significant check on government power, particularly if Republicans continue to push for investigations into the Jan 6 attack.
The new legislation has sparked controversy over who will be eligible to sue and under what circumstances. While senators are entitled to $500,000 for each violation, they also face limitations on when and how they can file suit. The law allows for suits up to five years after a senator is first made aware of a violation, but the government may argue that certain limitations should apply.
The provision has been praised by some as a necessary measure to protect senators' rights, while others have raised concerns about its potential implications for future investigations and government operations. As lawmakers continue to debate the bill, one thing is clear: the fallout from the FBI's actions in 2023 could be significant โ both for senators who were affected and for the broader US political landscape.
Under the new legislation, senators can bring civil actions against the US if their Senate data is accessed or disclosed in violation of the notification provisions. This could include steps taken during special counsel Jack Smith's investigation into President Trump's alleged attempts to pressure senators into delaying certification of President Biden's Electoral College victory.
The law requires service providers to alert Senate offices and the sergeant at arms if federal law enforcement requests senators' data, with court orders preventing delays unless a senator is under criminal investigation. The government faces potential damages of $500,000 for each violation, which could be significant given that the FBI analyzed senators' call records in 2023 โ potentially giving lawmakers grounds to sue.
GOP senators have already expressed outrage over their phone records being obtained by the FBI without proper notification. Senator Chuck Grassley described the actions as an "unconstitutional breach" and claimed the Biden administration was "weaponizing the Justice Department." The measure could provide a significant check on government power, particularly if Republicans continue to push for investigations into the Jan 6 attack.
The new legislation has sparked controversy over who will be eligible to sue and under what circumstances. While senators are entitled to $500,000 for each violation, they also face limitations on when and how they can file suit. The law allows for suits up to five years after a senator is first made aware of a violation, but the government may argue that certain limitations should apply.
The provision has been praised by some as a necessary measure to protect senators' rights, while others have raised concerns about its potential implications for future investigations and government operations. As lawmakers continue to debate the bill, one thing is clear: the fallout from the FBI's actions in 2023 could be significant โ both for senators who were affected and for the broader US political landscape.