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WASHINGTON — Sen. Lindsey Graham (R-S.C.) continued his single-handed effort Friday morning to block passage of a bipartisan bill to fund the government, demanding the right to sue the federal government for his phone records.
Graham opposed a provision in the spending plan that would have eliminated the ability of U.S. senators to claim millions of dollars in losses, whose records were collected during the Jan. 6 investigation. Graham, whose phone metadata was collected by the Justice Department, helped pass the law last year. The House voted unanimously this month to repeal the provision and attach it to government funding proposals.
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In an angry speech on the Senate floor, Graham addressed House Speaker Mike Johnson (R-La.) and his chamber in the House.
“You can call me and ask about $500,000,” Graham said, referring to the amount a senator could receive each time he accessed phone records. “I enjoyed working with you. Speaker Johnson, you disrupted me. I will not forget that.”
Under current law, Graham is eligible to sue the Justice Department for each breach, and lawmakers estimate the damages could reach millions of dollars if the subpoena covers records from multiple phones over multiple days.
Senators drafted the provision last year after learning that former special counsel Jack Smith had obtained several of their phone records during his investigation into President Donald Trump’s attempts to overturn the 2020 election. Smith told lawmakers he sought the records because Trump and his co-conspirators called members of Congress during the Jan. 6, 2021, riot, urging them to delay certifying his loss to Joe Biden.
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House Republicans are disgusted by the provision, calling it self-serving and immoral. To win over their support, Graham proposed expanding who would be eligible for damages to include members of the House of Representatives, whose phone records were also stolen, as well as members of the public targeted by Smith’s investigation.
Graham said on Friday he was willing to concede and allow a vote on the spending package if he received assurances the Senate would vote on changes to the spending provisions and a separate bill to crack down on immigrant “sanctuary cities” like Minneapolis.
“I just want to vote,” Graham said.
Much of the government will shut down at midnight on Friday if Congress does not approve the funding deal negotiated by Senate Democrats and Trump. Senators had hoped to pass the bill Thursday, but Graham opposed it. Any senator can reject unanimous consent and block a quick vote.
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Even if the Senate passes the bill on Friday, temporary funding disruptions to parts of the federal government cannot be avoided because the bill still needs a House vote before it reaches Trump’s desk. The effects of the government shutdown won’t be widely felt over the weekend as many federal workers won’t return to work until Monday.
Republican Sen. Tillis said he understood Graham’s frustration with the Smith investigation, but said if Republicans don’t move forward with an appropriations bill, they will be rightly blamed for shutting down the government.
“If you really wanted to do it, if they were doing this type of surveillance or phone tapping, there are a number of ways you could go after Jack Smith,” Tillis said. “Whether or not we should have a $500,000 reward for the member who was targeted, I don’t want that. I probably want a dollar reward for sending the information, but come on, guys.”
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