According to a report from The New York Times' Devlin Barrett, the recently brokered bipartisan deal to reopen the federal government "would create a wide legal avenue for senators to sue" the federal government for searching their phone records without notification.
Language in the legislation says “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.”
U.S. Sen. Tommy Tuberville (R-Auburn) was among eight Republican lawmakers swept up in the net of the Biden administration's Arctic Frost investigation into an alleged "election conspiracy."
The investigation was led by special counsel Jack Smith into President Donald Trump's alleged role in the January 6 Capitol Hill riot.
"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," Barrett wrote. "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."
In addition to Tuberville, U.S. Sens. Lindsey Graham (S.C.), Marsha Blackburn (R-Tenn.), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), Dan Sullivan (R-Alaska), Ron Johnson (R-Wisc.) and Cynthia Lummis (R-Wyo.) were also allegedly spied on by the Biden administration.
“Every single person involved in this witch hunt needs to go to jail,” Tuberville said of Smith's investigation. “And Smith, he shouldn't be allowed to serve as dog catcher after this. It's an embarrassment for our country."
Jeff Poor is the editor-in-chief of 1819 News and host of "The Jeff Poor Show," heard Monday-Friday, 9 a.m.-noon on Mobile's FM Talk 106.5. To connect or comment, email [email protected] or follow him on Twitter @jeff_poor.
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