Rep. Warren Davidson on Friday denounced Sen. Lindsey Graham (R-S.C.) for his plans to capitalize on a new measure that allows senators — but not House members or the general public — to sue the federal government for accessing their electronic data without proper notice.
The provision, inserted by Senate Majority Leader John Thune in last week’s shutdown-ending continuing resolution, was written for senators targeted in former special counsel Jack Smith’s investigation into President Donald Trump’s efforts to overturn the 2020 election results.
“This Senator wants the Constitution to protect him (Senators), but no one else,” Davidson (R-Ohio) wrote Friday morning on X. “Literally no one other than a United States Senator could sue for damages. The House unanimously opposed this corrupt carve out for Senators. Protect every American citizen. End 3rd party doctrine.”
Senate Judiciary Chair Chuck Grassley (R-Iowa) disclosed records in October that Smith’s investigation obtained phone records of nine GOP members of Congress. The eight senators on the list would be eligible to sue under the current provision, but Rep. Mike Kelly (R-Pa.), the lone House member, is not.
The House on Wednesday voted 426-0 to reverse the provision language, but it is unlikely to be taken up further in the Senate, where Thune doesn’t appear bothered by the discord within the GOP.
Graham’s office did not immediately respond to a request for comment. But the longtime South Carolina senator has proposed expanding the class of people given standing to sue under the provision to “any private group” targeted by Smith over the course of his investigation.
“All of us who were wronged need to have a remedy to that wrong,” he said in a speech at the Capitol on Thursday. “And we’re creating a chance to go to court for what happened to us in a fashion to make sure it never happens again.”
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