Attempt stalls to repeal controversial provision that allows ‘senators to sue the government for doing its job’

Senate Republicans rejected on Thursday a Democratic attempt to pass the bill that the House approved unanimously to repeal a provision tucked into the government funding package that allows senators to sue the government if their phone records are obtained without being notified.

Sen. Martin Heinrich, D-N.M., first took to the Senate floor in an effort to unanimously pass the House bill that advanced in the House Wednesday night by a vote of 426-0. He said that the controversial phone record provision “means that each senator could actually pocket millions of dollars” while Americans are struggling to make ends meet. 

“There are no existing records of Congress creating a taxpayer funded cash pipeline for senators to sue the government for doing its job. That is probably because it is so patently wrong,” Heinrich said. “Even House Speaker Mike Johnson agrees with me and when Speaker Johnson, and I agree, something is bad — you know, it’s really, really bad.”

“We must reverse this last-minute giveaway that lets a few senators pocket millions of dollars of taxpayer money while millions of Americans are revisiting their budgets to figure out how to make it to the end of the month,” he added.

Sen. Martin Heinrich speaks to reporters following the weekly Democratic policy luncheon at the U.S. Capitol Building, June 10, 2025 in Washington.

Kayla Bartkowski/Getty Images

Sen. Lindsey Graham blocked that attempt, claiming that he and the other senators who had their phone records analyzed by the FBI as part of special counsel Jack Smith’s Jan. 6 investigation deserved to see a “remedy” for those “wrongs.”

Graham said that he intends to sue the Justice Department. 

“All of us who are wronged need to have a remedy to that wrong, and we’re creating a chance to go to court for what happened to us, in a fashion, to make sure it never happens again,” Graham said. “This was coordinated with people in the Senate in power. This wasn’t an attempt to enrich anybody. Who was intent to deter what was wrong, in my view, never happened again.”

“But I’m willing to work with my colleagues about the $500,000 I’m going to sue. I want to let you know I’m going to sue Biden’s, DOJ and Jack Smith. I’m going to sue Verizon. It’s going to be a hell of a lot more than $500,000,” he added.

Graham seemed to indicate that negotiations with Democrats over a compromise could be stirring, however — even suggesting Senate Minority Leader Chuck Schumer was talking with Republicans.

Sen. Lindsey Graham introduces Admiral Kevin Lunday during Lunday’s confirmation hearing to be the commandant of the U.S. Coast Guard before the Senate Commerce, Science, and Transportation Committee, Nov. 19, 2025 in Washington.

Chip Somodevilla/Getty Images

 “To my Majority Leader, thank you for working with Senator Schumer. And to Senator Schumer, thanks for trying to work together to protect the body,” Graham said. “We’ll be working together to find a resolution that may be more accommodating, but the idea that I’m backing off and I’m going to let this go, you can forget that.”

Senate Majority Leader John Thune, who had the provision inserted into the funding bill that ended the government shutdown, then took to the floor maintaining his position in defense of the phone record provision, and put forth an alternate proposal of unanimous consent — which was then blocked by Heinrich — that claims that the provision in question wouldn’t enrich senators but would “clarify that any damages awarded under this law would be forfeited to the United States Treasury.”

Thune said the House should support his position because the phone records provision provides “important protections to members.”

Senate Majority Leader John Thune speaks to reporters following the weekly Senate Republican policy luncheon at the U.S. Capitol, November 19, 2025 in Washington.

Heather Diehl/Getty Images

“This measure that we passed does indeed give important protections to members, and I think it’s an important defense of separation of powers. It protects Democrats and it protects Republicans alike from a weaponized Department of Justice that is pursuing political enemies,” Thune said. 

“The measure was never meant to enrich senators. It’s always been true under our rules that members wouldn’t keep damages they recover under this measure, and so I would hope that we can work together to pass a resolution to reflect what’s always been true and what I’ve been saying all along, and that is that this measure is about accountability and not profit,” he added.

Heinrich, blocking Thune’s countermeasure, said the fix wasn’t a “resolution.” He said he’d be willing to work on negotiating a compromise.

“A statutory change that is in statute is not a resolution, it’s to fix the statute. And I think we should work with our colleagues in the House to address the underlying issue of protecting members without the outrageous damage provisions that were retroactively put into this statute,” Heinrich said.