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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSpending Bill Would Pave Way for Senators to Sue Over Phone Searches (NYT Gift Link)
I am wondering how one can make this law retroactive?
Republicans have voiced outrage that Jack Smith looked at G.O.P. lawmakers phone records surrounding the Jan. 6 attack. Legislation to reopen the government would allow them to sue for $500,000 each.
Link to tweet
https://www.nytimes.com/2025/11/10/us/politics/senators-shutdown-smith-phone-searches.html?unlocked_article_code=1.0E8.cU57.ifmN9cWGUHoV&smid=tw-share
The provision, tucked into a measure to fund the legislative branch, appears to immediately allow for eight G.O.P. senators to sue the government over their phone records being seized in the course of the investigation by Jack Smith, the former special counsel, into the riot at the Capitol on Jan. 6, 2021.
The provision would make it a violation of the law to not notify a senator if their phone records or other metadata was taken from a service provider like a phone company. There are some exceptions, such as 60-day delays in notification if the senator is considered the target of an investigation.
The language of the bill states that any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any federal department or agency.
Because the provision is retroactive to 2022, it would appear to make eligible the eight lawmakers whose phone records were subpoenaed by investigators for Mr. Smith as he examined efforts by Donald J. Trump to obstruct the results of the 2020 presidential election.
Each violation would be worth at least $500,000 in any legal claim, according to the bill language. The bill would also sharply limit the way the government could resist such a claim, taking away any government claims of qualified or sovereign immunity to fight a lawsuit over the issue......
The provision would make it a violation of the law to not notify a senator if their phone records or other metadata was taken from a service provider like a phone company. There are some exceptions, such as 60-day delays in notification if the senator is considered the target of an investigation.
The language of the bill states that any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed, or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee, or agent of the United States or of any federal department or agency.
Because the provision is retroactive to 2022, it would appear to make eligible the eight lawmakers whose phone records were subpoenaed by investigators for Mr. Smith as he examined efforts by Donald J. Trump to obstruct the results of the 2020 presidential election.
Each violation would be worth at least $500,000 in any legal claim, according to the bill language. The bill would also sharply limit the way the government could resist such a claim, taking away any government claims of qualified or sovereign immunity to fight a lawsuit over the issue......
The DOJ/Federal government will be the one paying these damages and I doubt that trump's DOJ will raise any real issues with respect to retroactive provisions of this law
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Spending Bill Would Pave Way for Senators to Sue Over Phone Searches (NYT Gift Link) (Original Post)
LetMyPeopleVote
Tuesday
OP
Incredible Senate-ing here as senators make this applicable just to them, not House members
LetMyPeopleVote
Tuesday
#1
LetMyPeopleVote
(172,486 posts)1. Incredible Senate-ing here as senators make this applicable just to them, not House members
msongs
(72,828 posts)2. so senators read the bill and approved, or they didnt do their job by reading the bill before the vote?
LetMyPeopleVote
(172,486 posts)3. Chip Roy is an asshole but he wants this provision stripped from bill
Link to tweet
?s=20
