John Thune Faces Bipartisan Backlash For Payout Provision In Funding Bill

Senate Republicans Hold Leadership Elections On Capitol Hill

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GOP lawmakers are distancing themselves from a provision in the government funding bill added by Senate Majority Leader John Thune that would allow Republicans to sue the federal government for secretly seizing their data, per Politico.

The provision, framed as a tool for pushing back against alleged Justice Department overreach, opens the door for senators to sue the federal government for at least $500,000 if they discover that investigators seized their electronic records without notifying them. The measure was crafted in response to Special Counsel Jack Smith’s subpoenas of several GOP senators’ phone data as part of his probe into Donald Trump’s attempts to overturn the 2020 election.

However, among the eight Senate Republicans known to have had their records subpoenaed, only one has committed to seeking compensation.

“Oh definitely,” Senator Lindsey Graham said this week, vowing to pursue damages far above the statutory minimum. “If you think I’m going to settle this thing for a million dollars — no. I want to make it so painful, no one ever does this again.”

The rest of the group is distancing itself from the provision, which Democrats have blasted as a taxpayer-funded payday for allies of Trump.

Senator Josh Hawley called the idea “a bad one,” arguing that accountability for the Justice Department’s actions should come through oversight, not payouts. Senator Ron Johnson, who is leading a Senate investigation into Smith’s subpoenas, said he has “no plans at this time” to sue, insisting he would only use the courts to expose “weaponization” of federal law enforcement.

Several House Republicans accused Thune and Senate GOP leadership of sneaking in a measure that could be used against the government that they already control. Speaker Mike Johnson promised a standalone vote to repeal the language, saying he had personally told Thune he opposed the maneuver. The repeal bill is expected to clear the House with broad bipartisan support.

It remains unclear whether Thune will try to defend the language or allow it to be stripped out.

The blowback from the provision has appeared to reveal division in the Republican Party and has given Democrats a clear argument that GOP lawmakers tried to grant themselves six-figure payouts in the bill to end the government shutdown.

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