Tue Nov 18 08:20:00 UTC 2025: News Article: Controversial Provision Allowing Senators to Sue DOJ Sparks Bipartisan Outrage, House Republicans Vow to Repeal

Washington D.C. – A provision tucked into the recently passed funding bill that ended the government shutdown has ignited a firestorm on Capitol Hill, drawing bipartisan condemnation and a promise from House Republicans to repeal it. The provision allows senators to sue the Department of Justice (DOJ) and FBI if they are not notified when their personal information is subpoenaed or if they are under investigation, with potential damages of $500,000 or more per violation.

The measure, added by Senate Republicans, comes after the release of FBI records related to the “Arctic Frost” investigation into the 2020 fake elector scheme, which involved the phone records of nine GOP senators. Republicans accused former special counsel Jack Smith and FBI leaders of politically motivated overreach in obtaining those records. Smith has claimed the subpoenas were part of routine investigations.

Critics from both sides of the aisle are decrying the provision as a self-serving measure that would enrich senators at taxpayer expense. Speaker of the House Mike Johnson said he was blindsided by the measure and that the House GOP would draft a separate bill to strike the language.

Some Republican senators, including Dan Sullivan, Bill Hagerty and Josh Hawley, have already said they will not seek monetary damages. Other senators, such as Lindsey Graham and Tommy Tuberville, have indicated that they will sue to hold the DOJ accountable.

The law applies retroactively to 2022. The House is expected to vote on a bill to nullify the provision.

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