House Speaker Mike Johnson, R-La., announced his chamber will fast-track legislation to repeal a part of the government funding package allowing a group of Republican senators to sue the federal government for $500,000 each. Because it’s not going through the normal legislative process, it will need a two-thirds majority to pass.
Johnson said the vote will take place next week. Even if the speaker ushers it through the House, it won’t take effect because the Senate won’t take it up.
The provision was described as quietly added at the last minute on page 94 and allows eight Senate Republicans who were the targets of secret subpoenas to sue the federal government. It almost sank the federal funding package. Ultimately, Rep. Greg Steube, R-Fla., was the only GOP member to oppose the continuing resolution because of it.
“I could not in good conscience support a resolution that creates a self-indulgent legal provision for certain senators to enrich themselves by suing the Justice Department using taxpayer dollars,” Steube said in a statement explaining his vote. “There is no reason the House should have been forced to eat this garbage to end the Schumer Shutdown.”
The Arctic Frost investigation subpoenas
United States District Court Judge James Boasberg approved secret subpoenas against eight sitting senators and one member of the House of Representatives during the investigation into the Jan. 6, 2021, riot at the U.S. Capitol building. The subpoenas required telecommunications companies to hand over what’s called tolling data. It shows who the lawmakers called, along with the date, time and location of the conversation.
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“Surveilling eight United States Senators is wholly unacceptable. Every American should be shocked at this,” Sen. Bill Hagerty, R-Tenn., said. “This was partisan, this was political, and it’s going to be fully investigated.”
Hagerty was one of the lawmakers targeted, along with: Sen. Lindsey Graham, R-S.C., Sen. Josh Hawley, R-Mo., Sen. Dan Sullivan, R-Alaska., Sen. Tommy Tuberville, R-Ala., Sen. Ron Johnson, R-Wis., Sen. Cynthia Lummis, R-Wyo., Sen. Marsha Blackburn, R-Tenn. and Rep. Mike Kelly, R-Pa.
Sen. Rick Scott, R-Fla., later said that he had also been targeted but was not listed in initial documents released on the matter.
Bipartisan backlash
The provision is being criticized by members of both sides of the aisle. Besides Stuebe, Rep. Chip Roy, R-Texas, said he disapproves of it.
Democrats are being more blunt.
“I have never seen such corrupt, anticonstitutional self-dealing as we’ve seen come out of the United States Senate with this bill,” Rep. Melanie Stansbury, D-N.M., said. “They are basically voting to pay off and pay out Senate Republicans who don’t want to be held accountable for Jan. 6.”
House Democrats made a motion to remove the provision from the continuing resolution which Republicans shot down. This was largely because removing it meant the CR would have needed to go back to the Senate before it could be sent to the president.
The fast-tracked bill has a solid chance of passing the House based on how many members have spoken out against this. But there are Republicans who believe the subpoenas were highly unethical and that the government should pay a price for targeting sitting members of Congress.
“My own senator, Marsha Blackburn, was completely abused, and it’s illegal,” Rep. Tim Burchett, R-Tenn. said. “If they go against a United States Senator, then dangnamit, they can move against anybody. And so I think they need to be called on the carpet.”
