Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

mahatmakanejeeves

(67,480 posts)
Mon Nov 10, 2025, 06:25 PM Monday

Shutdown Deal Would Let Senators Sue for Jack Smith Searches (1)

Source: Bloomberg Law

US Law Week
Shutdown Deal Would Let Senators Sue for Jack Smith Searches (1)

Nov. 10, 2025, 3:11 PM EST; Updated: Nov. 10, 2025, 3:47 PM EST
Ben Penn
Senior Reporter


Jack Smith, US special counsel, speaks during a news conference in Washington, D.C., on Aug. 1, 2023.
Photo: Al Drago/Bloomberg

Senators whose phone records were sought by Special Counsel Jack Smith would gain authority to sue for millions in damages under a provision buried in the Senate-advanced deal to reopen the government.

The spending measure, which cleared a Senate procedural hurdle Sunday night, would create a private right of action allowing senators who've been searched--without their knowledge--for their communications data to bring civil lawsuits against the US government and potentially individual federal employees.

Each time criminal investigators attempted to access a senator's data without informing them, the court would be able to award at least $500,000, provided that the lawmaker ...

{paywall}

Read more: https://news.bloomberglaw.com/us-law-week/shutdown-deal-would-let-senators-sue-over-jack-smith-searches



Reposted by Mike Masnick
https://bsky.app/profile/mmasnick.bsky.social

Senators look at Trump's shameless corruption and say "give us some of that"

DO NOT REPEAT THIS POPEHAT (@kenwhite.bsky.social) 2025-11-10T22:28:12.651Z


******
Point Blank Sandwich Hat
‪@kenwhite.bsky.social‬

Senators look at Trump's shameless corruption and say "give us some of that"

‪Ben Penn‬
‪@benjaminpenn.bsky.social‬
· 3h
Buried inside the deal to reopen government is a provision that would give Senators private right of action to sue for millions in damages over their phone records being analyzed by Jack Smith's team.

https://news.bloomberglaw.com/us-law-week/shutdown-deal-would-let-senators-sue-over-jack-smith-searches

Shutdown Deal Would Let Senators Sue Over Jack Smith Searches
Senators whose phone records were sought by Special Counsel Jack Smith would gain authority to sue for millions in damages under a provision buried in the Senate-advanced deal to reopen the government...
news.bloomberglaw.com
November 10, 2025 at 5:28 PM
******

Buried inside the deal to reopen government is a provision that would give Senators private right of action to sue for millions in damages over their phone records being analyzed by Jack Smith's team.
news.bloomberglaw.com/us-law-week/...

Ben Penn (@benjaminpenn.bsky.social) 2025-11-10T20:20:14.410Z


******
Ben Penn
‪@benjaminpenn.bsky.social‬

Follow
Buried inside the deal to reopen government is a provision that would give Senators private right of action to sue for millions in damages over their phone records being analyzed by Jack Smith's team.

https://news.bloomberglaw.com/us-law-week/shutdown-deal-would-let-senators-sue-over-jack-smith-searches

Shutdown Deal Would Let Senators Sue Over Jack Smith Searches
Senators whose phone records were sought by Special Counsel Jack Smith would gain authority to sue for millions in damages under a provision buried in the Senate-advanced deal to reopen the government...
news.bloomberglaw.com
November 10, 2025 at 3:20 PM
******
31 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Shutdown Deal Would Let Senators Sue for Jack Smith Searches (1) (Original Post) mahatmakanejeeves Monday OP
Fucking of course. There are probably land mines all over this. Drum Monday #1
6 weeks of dodging Town Halls. Here's what they were hatching instead... mpcamb Tuesday #23
Planning their smash and grab extortion plan. Irish_Dem Tuesday #26
Yep, Schumer has to go, either he knew about it or should have. Either way he has to go. dem4decades Tuesday #29
The Dems that voted to allow this should have to pay the damages for this corruption. walkingman Monday #2
Seriously? What makes you think he'll lose this suit? ancianita Tuesday #12
I guess because I do not trust our justice system...especially at the higher levels. walkingman Tuesday #13
You guess? Forget the system. The DOJ just lost thousands of lawyers. ancianita Tuesday #15
If they can sue federal employees, why not go after the big guy? FakeNoose Monday #3
Skullduggery is their go-to. BurnDoubt Monday #4
Now begs the question: Polybius Monday #5
Important questions. yellow dahlia Monday #6
Senators are cordial to each other, what a gift. dem4decades Tuesday #27
We know the answer to that question. Irish_Dem Tuesday #28
This bill provision is unconstitutional, as it is retroactive to 2022, capturing Jack Smith's 2023 subpoenas. SunSeeker Monday #7
He'll handle this. It's doubtful Smith's going to be held liable by the DC District Court. ancianita Tuesday #11
But DOJ will happily pay these scumbag GOP insurrectionist senators $500k each. SunSeeker Tuesday #18
Not necessarily. Each senator will have to pay his own legal fees for making their case to the DC Circuit. ancianita Tuesday #22
The senators don't even need to file a lawsuit. They can just submit a government claim. SunSeeker Tuesday #24
I stand corrected. I thought I read that they each individually qualified to sue for damages. Sorry. ancianita Tuesday #25
But Lawrence said it was a win SamuelTheThird Monday #8
How about you link it. I watch Lawrence all the time and never once heard that. ancianita Tuesday #16
He didn't call it a win. He called it a compromise. nt SunSeeker Tuesday #19
It just keeps getting better. iemanja Tuesday #9
MaddowBlog-Republicans use spending bill to empower themselves to sue over phone records searches LetMyPeopleVote Tuesday #10
Incredible Senate-ing here as senators make this applicable just to them, not House members LetMyPeopleVote Tuesday #20
Thank you DINO's. republianmushroom Tuesday #14
Think they didn't read that bill? Who were the DINO's, huh? Name them. ancianita Tuesday #17
Very strange to think how this works karynnj Tuesday #21
I believe it was FBI investigators which makes it doubly puzzling FakeNoose Tuesday #30
Chip Roy wants this provision removed LetMyPeopleVote Wednesday #31

mpcamb

(3,166 posts)
23. 6 weeks of dodging Town Halls. Here's what they were hatching instead...
Tue Nov 11, 2025, 07:09 PM
Tuesday

Screw it tho! Swap an agreement to release EPSTEIN FILES for it.
Only need a few crossover votes for trump to soil himself at the prospect.

Irish_Dem

(77,969 posts)
26. Planning their smash and grab extortion plan.
Tue Nov 11, 2025, 07:48 PM
Tuesday

And:
Who can we get to flip.
What is the going price for sitting US senator.

dem4decades

(13,400 posts)
29. Yep, Schumer has to go, either he knew about it or should have. Either way he has to go.
Tue Nov 11, 2025, 07:51 PM
Tuesday

ancianita

(42,578 posts)
15. You guess? Forget the system. The DOJ just lost thousands of lawyers.
Tue Nov 11, 2025, 06:21 PM
Tuesday
https://www.democraticunderground.com/10143563218

And now THINK about who you think you're talking about. You're talking about who our next AG could be.
https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3563561

Remember this? About his massive background experience? Start at 6:30. It's where his legal experience proves he's a badass.

FakeNoose

(39,493 posts)
3. If they can sue federal employees, why not go after the big guy?
Mon Nov 10, 2025, 06:56 PM
Monday

They should sue Chump directly, am I right? He's the one with the money, the power and the guilt.


BurnDoubt

(1,244 posts)
4. Skullduggery is their go-to.
Mon Nov 10, 2025, 07:10 PM
Monday

EVERYTHING they do stinks of corruption.
“Evil men do as they please;
Men who would be good
must do as they are allowed.”
A Fatal Flaw?
So Far.

Polybius

(21,175 posts)
5. Now begs the question:
Mon Nov 10, 2025, 07:27 PM
Monday

Did the 8 Democrats who voted in favor of it know about this? If no, why didn't they read the bill? If yes, then why didn't they demand its removal?

Irish_Dem

(77,969 posts)
28. We know the answer to that question.
Tue Nov 11, 2025, 07:50 PM
Tuesday

Doubt if any of this was a secret to any sitting US senator.

But if they didn't know, shame on them. What planet do they live on?

Only two ways to slice it and neither one good.

SunSeeker

(57,262 posts)
7. This bill provision is unconstitutional, as it is retroactive to 2022, capturing Jack Smith's 2023 subpoenas.
Mon Nov 10, 2025, 11:54 PM
Monday

Last edited Tue Nov 11, 2025, 12:46 AM - Edit history (3)

Worse, it apparently allows him to be individually sued for $500,000 if he did not give Senators notice of the subpoena within 60 days (he did not let them know until this year). And that liability would attach regardless of whether the subpoena was properly obtained. https://www.nytimes.com/2025/11/10/us/politics/senators-shutdown-smith-phone-searches.html

Because the provision is retroactive to 2022, it would appear to make eligible the eight senators whose phone records were subpoenaed by investigators for Smith as he examined efforts by Trump to obstruct the certification of the results of the 2020 presidential election on 1/6/2021.

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.

The Republican senators whose phone records were subpoenaed as part of the investigation were: Lindsey Graham of South Carolina, Marsha Blackburn and Bill Hagerty of Tennessee, Josh Hawley of Missouri, Dan Sullivan of Alaska, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin and Cynthia Lummis of Wyoming. Representative Mike Kelly of Pennsylvania also had his phone records subpoenaed but would not be eligible because he is a member of the House. https://www.nytimes.com/2025/11/10/us/politics/senators-shutdown-smith-phone-searches.html


But these notice requirements did not exist in 2023. Making Smith retroactively liable for $500,000 per senator ($4M total!) is a blatant violation of due process. A retroactive civil law can be challenged under the Due Process Clause of the US Constitution for creating unforeseen liability for past actions, which is the same reasoning for the Constitution’s ban on retroactive (ex post facto) criminal laws.

ancianita

(42,578 posts)
11. He'll handle this. It's doubtful Smith's going to be held liable by the DC District Court.
Tue Nov 11, 2025, 05:50 PM
Tuesday

When it comes to the law and current DOJ he can think circles around those 8 magas.

SunSeeker

(57,262 posts)
18. But DOJ will happily pay these scumbag GOP insurrectionist senators $500k each.
Tue Nov 11, 2025, 06:53 PM
Tuesday

Just like DOJ paid $5M to insurrectionist Ashli Babbitt's family.

It's all part of Trump's looting of our Treasury.

ancianita

(42,578 posts)
22. Not necessarily. Each senator will have to pay his own legal fees for making their case to the DC Circuit.
Tue Nov 11, 2025, 07:08 PM
Tuesday

And don't forget that the DOJ has just lost thousands of lawyers they can't replace.
https://www.democraticunderground.com/10143563218

This BS is going nowhere in the DC Circuit. These overpaid senators pay out of their own pockets. These federal judges KNOW wtf has gone on in DC, and will not allow these cases to proceed.

https://www.democraticunderground.com/10143563218

I don't care how powerful you want to believe trump is. He's weak. He's a loser. And they'll lose their lawsuits. Because the bill deprives Smith of his constitutional due process rights by being retroactive. Because of that alone it smacks of allowing malicious prosecution. ffs, get a grip.

We've got a damn good governing party in the Senate which as the minority party, don't forget, just got a shit ton of stuff done in this bill. These mindlessly petty pile ons against our party are bad faith criticisms toward our very excellent party.

SunSeeker

(57,262 posts)
24. The senators don't even need to file a lawsuit. They can just submit a government claim.
Tue Nov 11, 2025, 07:23 PM
Tuesday

All they have to do assert their legal claim/cause of action and what the money they want. DOJ won't fight it, they'll just pay it. The only reason Babbitt's family had to file a lawsuit is because Biden’s DOJ denied their claim.

ancianita

(42,578 posts)
25. I stand corrected. I thought I read that they each individually qualified to sue for damages. Sorry.
Tue Nov 11, 2025, 07:36 PM
Tuesday

Thanks.

Something about this doesn't seem legal, though, insofar as the former DOJ doing its job to investigate Jan 6 through its criminal division -- and now to simply make a government claim, though? Something's not right on the rule of law side of this, imo.

LetMyPeopleVote

(172,659 posts)
10. MaddowBlog-Republicans use spending bill to empower themselves to sue over phone records searches
Tue Nov 11, 2025, 05:36 PM
Tuesday

GOP senators are no longer just whining about “Arctic Frost,” they’re now giving themselves the ability to file civil lawsuits over the faux controversy.

When the facts aren’t in your favor … replace the facts with lies.

Republicans use spending bill to empower themselves to sue over phone records searches www.msnbc.com/rachel-maddo...

@jimrissmiller.bsky.social 2025-11-11T20:13:01.063Z

https://www.msnbc.com/rachel-maddow-show/maddowblog/republicans-use-spending-bill-empower-sue-phone-records-searches-rcna243199

But as the process moves forward, the public is still learning more about some of the key details that were included in the bill. The New York Times reported, for example, on a provocative provision that GOP members tucked into the package.

A spending package expected to be approved as part of a deal to reopen the government would create a wide legal avenue for senators to sue for as much as half a million dollars each when federal investigators search their phone records without notifying them. The provision ... appears to immediately allow for eight G.O.P. senators to sue the government over their phone records being seized in the course of the investigation by Jack Smith, the former special counsel, into the riot at the Capitol on Jan. 6, 2021.


The Times’ report added that this element, which is now likely to become law, would require federal investigators to notify senators about phone records searches, except in instances in which members are themselves a target of an investigation.

The provision “is retroactive to 2022,” the Times noted......

The New York Times reported in early October, “The analysis of phone toll records is a common investigative tactic. ... Such toll record information does not include the contents of conversations, which would require a court-approved wiretap.”

A related analysis from CNN explained that there was nothing especially surprising about any of this.

We already knew that the phone records of some lawmakers were seized in Smith’s probe, because the Justice Department had to overcome legal hurdles posed by the Constitution’s Speech or Debate Clause. And it’s difficult to understand how Smith ever could have conducted such a probe without obtaining some phone records of lawmakers. That’s because Trump’s pressure on lawmakers was a key part of his efforts to overturn the 2020 election. ... It would seem very difficult to piece together a case without understanding who was talking to whom, and when.


MSNBC’s Ken Dilanian emphasized a related point, noting that the former special counsel’s final report, released earlier this year, made note of these same toll records.

republianmushroom

(22,078 posts)
14. Thank you DINO's.
Tue Nov 11, 2025, 05:58 PM
Tuesday


How many of you Dino's read the bill ? Hell, how many of the total Democrats in the senate have read this bill ? Any?

ancianita

(42,578 posts)
17. Think they didn't read that bill? Who were the DINO's, huh? Name them.
Tue Nov 11, 2025, 06:29 PM
Tuesday

The entire caucus spent DAYS on that bill. All the Democratic Senators had DAYS to change the minds of those you downtalk, but they had important issues to address for Americans and they took a compromise position. Think they didn't know that Jack Smith could handle that BS?

karynnj

(60,682 posts)
21. Very strange to think how this works
Tue Nov 11, 2025, 07:03 PM
Tuesday

If broke a law and it was their phone, you would think they already could sue. Maybe the reason why is that you can't sue a government worker for doing anything that was legitimately their job and this was allowing them to do so.

However, the fact that they NEED this implies Smith was legitimately doing his job. If so, even if one of these people sue him, wouldn't he make that case to defend the search as reasonable?

FakeNoose

(39,493 posts)
30. I believe it was FBI investigators which makes it doubly puzzling
Tue Nov 11, 2025, 08:10 PM
Tuesday

If SCOTUS allows this to stand, we might as well ALL pack up and leave the country. It would mean that any legislator in Washington is free to commit crimes while using their phones, and they would never be investigated or prosecuted for it.

Latest Discussions»Latest Breaking News»Shutdown Deal Would Let S...