Sen. Lindsey Graham (R-SC) is negotiating with House Speaker Mike Johnson (R-LA) a deal that could revive payouts for those targeted as part of ex-special counsel Jack Smith’s investigation into 2020 election interference.
Graham said in a statement that he and Johnson spoke about the investigation, dubbed “Arctic Frost,” after the House stripped out language allowing Graham and several other GOP senators surveilled by Smith to sue for $500,000 in damages.
He claimed that Johnson is open to a compromise that would expand who is eligible to sue, as Graham floated in a floor speech last week before the Senate agreed to remove his provision.
“I had a very good conversation with Speaker Johnson who does, in my view, want to open the courthouse doors to people wronged and hold Jack Smith accountable,” Graham said on Thursday. “He wants to expand the ability to sue to more people, not less, consistent with congressional ethics rules. I share that view.”
Johnson’s office did not respond to a request for comment by press time, but a Graham spokesperson says the conversation took place within the last week.
The provision became a flashpoint in government funding talks at the end of January, with Graham accusing Johnson of “jamming” him and promising to hold up spending legislation until he gets a Senate vote on a new provision.
House Republicans were taken by surprise over the language, in part because it was tucked into an earlier bill without their knowledge and did not grant similar compensation to House members who were surveilled.
Senate Majority Leader John Thune (R-SD) agreed to hold that vote, though the language will have to be adjusted after the Senate ethics committee found that senators could not profit due to concerns about self-enrichment, Politico previously reported.
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In its place, Graham has proposed a legal avenue for lawmakers to sue “consistent with Congressional ethics rules” and wants to open that private right to action to outside groups also monitored by Smith.
The phone records of eight senators and one House Republican were seized as part of the Arctic Frost investigation, which focused on efforts to overturn the 2020 election.