Tuesday, November 11, 2025

Republican Senators Include Provision in Shutdown Bill That DOJ Cannot Subpoena Senators Phone Records – You/Me, No Such Protection


This is so perfectly Republican.

Republican senators have slipped a provision into the Continuing Resolution bill to re-open government, that forbids the DOJ or Judicial branch from subpoenas targeting their phone records.  The Senate will be protected from abuses to the 4th amendment, but you and me – no such luck.

Additionally, as further evidence to the structural priorities of the professional Republicans, if the legislative provision is violated, each instance of violation will result in a $500,000 payment to the senator.  Go figure.

WASHINGTON DC – Senate Republicans secured a provision in the bipartisan, shutdown-ending government funding package that could award senators hundreds of thousands of dollars for having their phone records collected without their knowledge as part of a Biden-era investigation.

[…] It was tucked into the legislative branch spending measure for fiscal year 2026, part of a three-bill “minibus” of appropriations measures that Senators were set to vote on Monday night alongside a continuing resolution to fund the government through Jan. 30. The House is expected to clear the package for President Donald Trump’s signature as early as Wednesday.

[…] The provision states that electronic services providers must notify a Senate office if the provider receives a request to disclose the data from that senator, or senator’s office. Moreover, the legislative language stipulates that the provider cannot be barred from notifying the senate office under a court order, though that notification may be delayed in the event the senator in question is under criminal investigation.

[…] This portion of the legislative branch appropriations bill also appears to provide a cash bonus for those Senators who were targeted by Smith’s probe. If the provision included in the bill is violated, the Senator can sue the federal government, and if the lawmaker succeeds in the case, the person will be awarded $500,000 or more for each violation by the government. (read more)

Don’t forget, in the last FISA-702 reauthorization, Congress also forbade any member of the legislative branch from being subject to the illegal use of the NSA surveillance system.

Congress is exempt from the FISA abuse they authorize on Americans, and Congress is exempt from subpoenas against their phone records that are authorized against Americans.

Seriously folks, we just cannot make this stuff up.