The federal shutdown ended after more than 40 days when Donald Trump finally signed the bill to reopen the government. While it brought significant relief to ordinary people, the bill has now become a bone of contention due to a special provision in favor of senators, which has caused a stir among Republicans.
The provision allows senators to sue for a large sum of money if they were not notified of a federal request to access their phone records. While this is undoubtedly a substantial benefit for senators, the clause has created deep divisions among Republicans. An imminent clash is expected between the House and the Senate over attempts to repeal the newly passed law.
Although Trump signed it last week, the clause in the bill attempts to change the dynamics within the federal government. The unusual provision introduces a new rule for investigators handling cases involving Senate members. The law is retroactive, meaning it will also apply to GOP senators accused in 2022 whose phone records were subpoenaed. They are expected to extract at least $500,000 in compensation each.
BREAKING: I just introduced a bill to repeal the Senate’s last minute provision allowing Senators to sue American taxpayers over Biden DOJ investigations, past or future.
Two wrongs don’t make a right. pic.twitter.com/88RJBz8IaE
— Congressman John Rose (@RepJohnRose) November 12, 2025
The Republicans have opposed this provision in the bill. Speaker Mike Johnson claimed that it had been a last-minute addition and was totally out of line. In his words, “We had no idea that was dropped in at the last minute,” expressing his anger and frustration over the turn of events.
U.S. Representative John Rose also commented on the matter. He attempted to swiftly strike the provision, highlighting what he described as politically motivated investigations by Joe Biden’s DOJ. Writing in a post on X, Rose said, “The American taxpayer has suffered enough because of the last administration. It is shameful to ask them to shoulder the burden of paying U.S. Senators at least HALF A MILLION dollars because the FBI went rogue under Joe Biden.”
This provision regarding senators’ phone records came to light during the investigation into the 2020 U.S. election. Former special counsel Jack Smith had sought phone records from several senators, including those of one House member, Mike Kelly. A staff member of his was suspected of providing the names of fake electors.
As it stands now, senators can demand hefty sums and sue if their phone records are accessed without prior notification. The law would also allow them to sue if any sealing orders are issued to bar the disclosure of the information obtained. In the worst-case scenario, the payout demanded could climb into the millions of dollars.
Mike Kelly criticized the rule, pointing out that it does not apply to him. He said, “Do I have the same—for whatever reasons—do we have the same privileges as the Senate does? Apparently, we don’t. If it was a serious problem for the senators, why wouldn’t it be a serious problem for members of the House?”
The provision has become a major departure from regular law-enforcement practices. Typically, investigators are permitted to obtain a court order to prevent notifications to those whose records are being sought. Senator Lindsey Graham openly expressed his willingness to take advantage of the new law.
Speaking to reporters last week, he said, “And if you think I’m going to settle this thing for a million dollars? No. I want to make it so painful that no one ever does this again.”
