Sen. Lindsey Graham (R-SC) unleashed on GOP critics Wednesday, seeking to repeal a new provision bolstering the ability to sue the Justice Department for seizing senators’ phone records without their knowledge during a Biden-era investigation.
Graham, whose records were subpoenaed in former special counsel Jack Smith’s Jan. 6 “Arctic Frost” inquiry, intends to mount lawsuits with or without the recently passed law to seek hefty payouts from the DOJ and phone carrier Verizon beyond the minimum $500,000 stipulation.
“I’m going to sue Verizon, and I’m going to sue the Department of Justice for violating my rights as a senator and as an individual,” an animated Graham told reporters. “The idea [that] I would settle this claim for $500,000 is silly. I am not. I’m going to make it hurt as much as I possibly can so nobody will do this again.”
Verizon did not respond to a request for comment, and the DOJ declined to comment.
Graham has mounted what’s become a largely solo venture to defend the measure in the court of public opinion, which was slipped into government shutdown-ending legislation by GOP and Democratic leadership in the Senate but has since created a firestorm among Republicans. Other GOP lawmakers in both chambers, including several of the eight Republican senators whose data was subpoenaed, have expressed support for repeal and vehemently opposed the legal payout that proponents say is a form of accountability.
“Making the taxpayer pay for that, I don’t understand why that’s accountability,” Sen. Josh Hawley (R-MO) said. “People who need to be held accountable are the people who made the decision to do so and, frankly, the telecom companies.”
The House was set to pass a bill Wednesday evening to repeal the provision that Senate Majority Leader John Thune (R-SD) has steadfastly defended. Thune called the backlash to the last-minute addition a “legitimate criticism” but stood by the “substance” of the anti-surveillance language and pushed back on the notion Republicans were blindsided.
“I believe that you need to have some sort of accountability and consequence for that kind of weaponization,” Thune told reporters. “There were a lot of folks who were aware. But yeah, some weren’t, and it was in the text that was shipped out, and we didn’t end up voting on the text until over 24 hours later.”
For his part, Graham said the provision should be rewritten to expand the ability for impacted parties beyond the Senate, including private organizations, House lawmakers, and congressional staffers, who may have been affected by Smith’s investigation to seek damages.
THUNE FIELDS SENATE GOP BACKLASH OVER ‘ARCTIC FROST’ SURVEILLANCE PROVISION
Graham indicated he would give away an unspecified portion of any legal winnings.
“I would give some of it away, and I would probably keep some of it. But I don’t know. I don’t have any money,” the fourth-term senator said. “Is it wrong for me to sue? Is it wrong for any American to sue the government if they violated your rights, including me?”
David Sivak contributed to this report.