The spending package that ended the government shutdown was divisive the moment it reached the public, but it appeared even more controversial when the political world learned of a provocative provision that Senate Republicans tucked into the package.
Under the language quietly inserted into the bill, GOP senators whose phone records were searched as part of special counsel Jack Smith’s Jan. 6 investigation would have the authority to file lucrative lawsuits. (Republican Sen. Ted Cruz of Texas told Politico that it was Senate Majority Leader John Thune himself who made sure this provision was included in the final bill.)
Even by contemporary congressional standards, it was a brazen move — in part because the GOP’s “Arctic Frost” claims appear baseless, in part because this provision was added to the legislation in secret and in part because it’s rare to see senators pave the way for themselves to file dubious lawsuits in which they personally would be rewarded with taxpayer money.
Republican Sen. Lindsey Graham of South Carolina, one of the eight eligible GOP senators, nevertheless boasted about his intention to take advantage of the opportunity Republicans created for themselves. The Washington Post reported:
Graham, who had his phone records seized, said Wednesday that he would ‘definitely’ sue under the law. ‘And if you think I’m going to settle this thing for a million dollars? No,’ Graham told reporters in South Carolina. ‘I want to make it so painful no one ever does this again.’
He did not appear to be kidding.








