Sen. Lindsey Graham blocked unanimous-consent approval of a House-passed bill that would repeal a provision awarding senators $500,000 per violation if their phone records are seized without notice. The clause, added to a recent funding package and made retroactive to 2022, has drawn bipartisan scrutiny because it could benefit senators whose records were subpoenaed during the Jack Smith probe. Senate leaders debated an amendment to redirect any awards to the U.S. Treasury, but Democrats objected and urged working with the House to remove the retroactive damages.
Graham Blocks Push to Repeal $500K Rule Letting Senators Sue Over Seized Phone Records
Sen. Lindsey Graham blocked unanimous-consent approval of a House-passed bill that would repeal a provision awarding senators $500,000 per violation if their phone records are seized without notice. The clause, added to a recent funding package and made retroactive to 2022, has drawn bipartisan scrutiny because it could benefit senators whose records were subpoenaed during the Jack Smith probe. Senate leaders debated an amendment to redirect any awards to the U.S. Treasury, but Democrats objected and urged working with the House to remove the retroactive damages.
01:39 AM, 11/21/2025Politics
Sen. Lindsey Graham (R-S.C.) objected Thursday to a Democrat-led effort to approve a House-passed bill that would repeal a controversial provision allowing senators to claim $500,000 for each instance in which federal investigators seize or subpoena their phone records without notice.
What happened
Sen. Martin Heinrich (D-N.M.) sought unanimous consent to take up the measure after the House unanimously approved it. Heinrich said the provision, quietly included in last week's government funding package and made retroactive to 2022, has drawn bipartisan concern because it appears to benefit a small group of senators whose records were subpoenaed during special counsel Jack Smith's inquiry into the 2020 election.
"Last week Republicans in Congress passed a government funding bill that denies affordable health care to millions of Americans," Heinrich said. "But what most people don't know is that they also voted to provide millions of dollars to a few Republican senators in a blatant, tax-funded cash grab."
Graham, one of the senators whose phone records were subpoenaed, used the Senate's unanimous-consent procedures to block the bill's immediate approval. Under those rules, any single senator can object and prevent quick passage.
"What did I do wrong? What did I do to allow the government to seize my personal phone and my official phone when I was Senate Judiciary chairman?" Graham asked on the floor, rejecting the idea that the subpoenas were lawful.
Leader response and proposed change
After Graham objected, he deferred to Senate Majority Leader John Thune, who confirmed the provision had been vetted with Senate leadership and relevant committees. Thune then proposed an amendment intended to remove the appearance of personal financial gain: any damages awarded under the law would be forfeited to the U.S. Treasury rather than paid directly to a senator.
"This measure is about accountability and not profit," Thune said as he sought unanimous consent to adopt that change.
Sen. Heinrich objected to Thune's adjustment, urging lawmakers to work with the House to remove the retroactive damage language and address the broader issue of safeguarding members' communications without including what he called "outrageous" award provisions.
Implications and next steps
The dispute leaves the fate of the repeal uncertain. The provision's retroactive application to 2022 is central to its controversy because it could enable lawsuits tied to past subpoenas. If the Senate does not reach agreement, lawmakers will likely continue negotiations with the House to craft a revision that balances member privacy and accountability while addressing concerns about retroactivity and financial awards.