January 29, 2026


Senate Set to End Controversial Law Allowing Lawmakers to Sue Over Data Seizures

In a significant legislative move, the U.S. Senate is poised to approve a provision that would repeal an existing law enabling senators to seek financial compensation for the unauthorized seizure of their phone records. This law came into the spotlight following actions by former special counsel Jack Smith during his 2021 investigation into former President Donald Trump's efforts to overturn the 2020 election results.

Senate Majority Leader John Thune indicated in a recent interview that he expects the repeal language to remain within the government funding package, which the Senate is rushing to pass to avert a government shutdown. The urgency of the situation is palpable, as the Senate has not yet made public the details of the funding package.

This move to repeal follows a unanimous decision by the House to remove the controversial measure after it was discovered post-adoption last November. The original insertion allowed certain Republican senators to potentially sue the federal government for substantial sums if their electronic records were taken without prior notification during Smith's probe.

The backlash was swift and bipartisan, with House members expressing dismay upon learning about the provision. As a result, they acted quickly to ensure its repeal was included in a subsequent six-bill government funding package, now awaiting Senate approval.

The Senate's decision remains uncertain as it debates the Homeland Security appropriations bill, particularly focusing on immigration enforcement activities. Despite these discussions, bipartisan support appears strong for keeping the repeal intact, signaling a unified stance against the initial policy.

Senator Ron Johnson (R-Wis.), a vocal critic of Smith's investigation, criticized the original law as "politically tone deaf." Meanwhile, Senator Martin Heinrich (D-N.M.), who was not consulted about the measure despite his senior position on the relevant appropriations subcommittee, has advocated strongly for including the repeal in any funding legislation considered this week.

As the Senate navigates these complex legislative waters, the decision to maintain the repeal provision will likely be a key component of broader discussions to secure a funding agreement before the looming deadline. This move could mark a pivotal moment in legislative oversight and accountability, emphasizing a shift towards greater transparency and fairness in government procedures.