South Carolina Sen. Lindsey Graham is pitching fellow Republicans on expanding who can sue over the now-defunct Jack Smith investigation — and Graham claims he has a key supporter in Speaker Mike Johnson.
Graham said in a statement to POLITICO that he had spoken with Johnson about his push to allow lawsuits from people he claims were improperly targeted by the former special counsel during his probe of the 2020 election. Johnson, he said, is amenable to expanding who can sue beyond just the handful of GOP senators who had their phone records seized.
“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 said. “He wants to expand the ability to sue to more people, not less, consistent with congressional ethics rules. I share that view.”
A spokesperson for Johnson did not respond to a request for comment.
The interchamber communication is the latest turn in a monthslong saga over letting Graham and other senators sue the Justice Department for potentially millions of dollars over Smith’s decision to subpoena their phone records.
The provision was tucked into a spending bill enacted in November, prompting an uproar from Democrats and House Republicans who saw it as a case of secret self-dealing. The House in turn moved last month to insert its own provision in a separate spending bill undoing the effort — prompting the South Carolina Republican to lash out at the speaker during a floor speech last week.
Graham briefly held up the spending bill but won a commitment from Senate Majority Leader John Thune for a separate vote on an expanded provision that would allow not only senators to sue, but also other members of Congress, 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 said Thursday.
At the same time, Graham has sought to emphasize that his legislation is not aimed at self-enrichment, claiming to reporters last week that the Senate Ethics Committee confirmed he could not personally profit.
The Ethics Committee guidance, which was reviewed by POLITICO, holds that senators are not entitled to receive monetary compensation under the original provision enacted in November but can seek a declaratory judgment and/or injunctive relief. Graham’s forthcoming legislation, his office said, will follow the committee guidelines.
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