February 5, 2026

South Carolina Senator Lindsey Graham is spearheading efforts to broaden the scope of those eligible to sue over grievances stemming from the Jack Smith investigation, a probe related to the 2020 election. Graham, a leading figure in the Republican Party, has vocalized notable support from House Speaker Mike Johnson for these expansions.
In a detailed statement released to POLITICO, Graham recounted his discussions with Speaker Johnson, expressing optimism about the prospects. “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 stated. He further noted Johnson’s support for extending the ability to sue, aiming to include a wider group than the initial handful of GOP senators whose phone records were subpoenaed.
This legislative push comes amid a contentious backdrop, where a previous provision allowing certain senators to sue the Justice Department was embedded in a spending bill last November. This move had sparked significant controversy and debate across political lines, culminating in a reactionary provision from the House intended to counteract the Senate’s efforts.
Despite the pushback, Graham has successfully negotiated for a separate vote on an expanded provision, promising broader inclusion for not only senators but also other members of Congress, various groups, and individuals. “We’re going to give everyone in the South Carolina delegation the chance to open the courthouse doors to conservatives who were targeted by Jack Smith and the Biden DOJ,” Graham announced, signaling a significant potential shift in legal recourse for those claiming to have been wrongfully targeted.
Moreover, in clarifying his intentions, Graham emphasized that his legislative efforts are not for personal gain. He relayed assurances from the Senate Ethics Committee, which confirmed that senators would not be entitled to monetary compensation under the original provision, focusing instead on securing declaratory judgments or injunctive relief.
As the situation develops, the political and legal implications of these expanded provisions will likely resonate deeply within Congressional corridors, potentially setting a precedent for how legislative powers can be utilized to address alleged misconduct by governmental investigators. Meanwhile, a spokesperson for Speaker Johnson has yet to comment on the matter, leaving some questions about the full extent of support and the specifics of the proposed legislative adjustments.