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
Latest Breaking News
In reply to the discussion: Shutdown Deal Would Let Senators Sue for Jack Smith Searches (1) [View all]LetMyPeopleVote
(172,686 posts)10. MaddowBlog-Republicans use spending bill to empower themselves to sue over phone records searches
GOP senators are no longer just whining about Arctic Frost, theyre now giving themselves the ability to file civil lawsuits over the faux controversy.
When the facts arenât in your favor ⦠replace the facts with lies.
— @jimrissmiller.bsky.social 2025-11-11T20:13:01.063Z
Republicans use spending bill to empower themselves to sue over phone records searches www.msnbc.com/rachel-maddo...
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.
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.
MSNBCs Ken Dilanian emphasized a related point, noting that the former special counsels final report, released earlier this year, made note of these same toll records.
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 Smiths probe, because the Justice Department had to overcome legal hurdles posed by the Constitutions Speech or Debate Clause. And its difficult to understand how Smith ever could have conducted such a probe without obtaining some phone records of lawmakers. Thats because Trumps 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.
MSNBCs Ken Dilanian emphasized a related point, noting that the former special counsels final report, released earlier this year, made note of these same toll records.
Edit history
Please sign in to view edit histories.
Recommendations
2 members have recommended this reply (displayed in chronological order):
31 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Shutdown Deal Would Let Senators Sue for Jack Smith Searches (1) [View all]
mahatmakanejeeves
Monday
OP
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
I guess because I do not trust our justice system...especially at the higher levels.
walkingman
Tuesday
#13
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
How about you link it. I watch Lawrence all the time and never once heard that.
ancianita
Tuesday
#16
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