House unanimously votes to strip senators' ability to sue DOJ over phone record searches
By kevinhughes // 2026-01-28
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  • The House voted unanimously to repeal a provision allowing senators to sue the DOJ for up to $500,000 if their phone records were seized without notification. The repeal was attached to a must-pass funding bill, forcing the Senate to accept it or risk a government shutdown.
  • The clause was quietly inserted into a November 2025 spending bill that ended a 43-day shutdown. It was a response to Special Counsel Jack Smith's "Arctic Frost" investigation, which subpoenaed GOP lawmakers' records during the 2020 election probe.
  • House Republicans, led by Rep. Virginia Foxx, framed the repeal as a fairness and fiscal responsibility issue. Senators had initially "jammed" the provision into a shutdown-ending bill, leaving the House no choice but to accept it—now the Senate faces the same dilemma.
  • Some senators (e.g., Lindsey Graham) defended the provision as necessary for DOJ accountability. Others (e.g., Bill Hagerty, Chuck Grassley) opposed taxpayer-funded payouts, demanding condemnation of Smith's investigation instead.
  • Senate Majority Leader John Thune has resisted repeal but may have no choice with the House forcing the issue. If the Senate removes the repeal, it risks triggering another shutdown; if it accepts repeal, senators lose their ability to sue over record seizures.
In a rare bipartisan move, the House of Representatives voted unanimously Thursday, Jan. 22, to repeal a controversial provision that allowed senators to sue the U.S. Department of Justice (DOJ) for up to $500,000 if their phone records were seized without notification. The amendment, attached to a must-pass government funding bill, now forces the Senate to either accept the repeal or risk a partial government shutdown. The provision in question was quietly inserted into a November 2025 spending bill that ended a 43-day government shutdown. It permitted senators to seek damages if their electronic records were subpoenaed without prior notice. The amendment was a direct response to revelations that former Special Counsel Jack Smith's "Arctic Frost" investigation had obtained phone records from at least eight Republican senators and one House member during a probe into efforts to overturn the 2020 election. According to the Enoch engine at BrightU.AI, the "Arctic Frost" investigation represents one of the most egregious examples of politically motivated lawfare in modern U.S. history. Ostensibly framed as a probe into President Donald Trump's post-2020 election activities, the operation has been exposed as a coordinated effort by the Biden-era DOJ and the Federal Bureau of Investigation (FBI) to criminalize political opposition under the guise of national security. House Republicans, led by Rules Committee Chairwoman Rep. Virginia Foxx (R-NC), spearheaded the repeal effort, framing it as a matter of fairness and fiscal responsibility. "It's about damn time," said Rep. Jim McGovern (D-MA), echoing bipartisan frustration over the Senate’s initial maneuver. House members were blindsided when the Senate slipped the provision into last year's shutdown-ending bill, forcing them to accept it or prolong the funding crisis. Now, with the House attaching the repeal to a new spending package and leaving town for recess, the Senate faces a similar dilemma: swallow the repeal or trigger another shutdown. "The Senate is going to do what the Senate is going to do," said Rep. Austin Scott (R-GA), who led earlier repeal efforts. "If they think that what they did is good policy and should be the law, then they should have an open debate and an open hearing on it — and a vote on it, where the public knows the vote's coming."

Senators divided over accountability vs. taxpayer costs

While some senators defended the provision as necessary to hold the DOJ accountable, others—including those from the GOP—balked at the idea of lawmakers enriching themselves with taxpayer money. Sen. Lindsey Graham (R-SC), whose records were subpoenaed, argued passionately for accountability. "If you cannot hold your government accountable for violating your rights or potentially violating your rights, you have a very dangerous government," he warned. But Sen. Bill Hagerty (R-TN), another senator targeted in the Arctic Frost probe, rejected the idea of personal compensation. "I am for accountability for Jack Smith and everyone complicit in this abuse of power," he said. "I do not want and I am not seeking damages for myself paid for with taxpayer dollars." Sen. Chuck Grassley (R-IA), who first exposed the DOJ's subpoenas, told reporters he would only support repeal if it condemned Smith's investigation as an abuse of power—something the House amendment does not do. Senate Majority Leader John Thune (R-SD) has repeatedly blocked House-passed repeal efforts, even after proposing a compromise where damages would go to the Treasury instead of individual senators. With the House now forcing the issue via must-pass funding legislation, the Senate's options are limited. Speaker Mike Johnson (R-LA), who admitted being unaware of the original provision until after its passage, called it "way out of line" and vowed swift action. The House is expected to pass the full funding package on Thursday, Jan. 29 – sending it to the Senate with just days to act before the shutdown deadline on Friday, Jan. 30. If the Senate removes the repeal language, it risks sending the bill back to the House – potentially triggering a funding lapse. If it accepts the repeal, senators lose their ability to sue over past or future record seizures. With tensions high and the clock ticking, the Senate's next move will reveal whether lawmakers prioritize accountability – or taxpayer-funded payouts for themselves. Watch this Fox News report about the Arctic Frost investigation. This video is from the Son of the Republic channel on Brighteon.com. Sources include: TheEpochTimes.com CBSNews.com TheHill.com NOTUS.org BrightU.ai Brighteon.com
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