The Senate smashed through procedural hurdles and advanced its package to reopen the government, with the onus of ending the shutdown now falling on the House. (Tom Brenner/Getty Images)
"I think it was outrageous that that was put in and air dropped in there," Sen. Gary Peters, D-Mich., told Fox News Digital. "It's outrageous. It's basically just a cash grab for senators to take money away from taxpayers. It's absolutely outrageous, and needs to be taken out."
The provision was included in the spending package by Senate Majority Leader John Thune, R-S.D., on request from lawmakers in the GOP. And it was given the green light by Senate Minority Leader Chuck Schumer, D-N.Y.
The provision is narrowly tailored to just include senators, and would require that they be notified if their information is requested by the DOJ, be it through the subpoena of phone records like in the Arctic Frost investigation or through other means. The idea is to prevent the abuse of the DOJ to go after sitting senators now and in the future.
Thune pushed back on the notion that lawmakers weren’t aware the provision was in the bill, given that the entire package was released roughly 24 hours before it was voted on, but acknowledged their frustration over how it was added was warranted.
"I think I take that as a legitimate criticism in terms of the process, but I think on the substance, I believe that you need to have some sort of accountability and consequence for that kind of weaponization against a co-equal branch of the government," Thune said.
Schumer, when asked about the anger brewing on both sides of the aisle, heaped the blame on Thune, but noted that it was an opportunity to get protection for Democrats, too.
GOP UNITY SHATTERED BY CONTROVERSIAL MEASURE IN GOVERNMENT SHUTDOWN BILL
Sen. Lindsey Graham (R-SC) during a news conference at the U.S. Capitol on June 20, 2024 in Washington, DC. (Anna Moneymaker/Getty Images)
He also took issue with the fact that the provision was narrowly tailored to only apply to the Senate, and argued that it could be reworked to only provide for declaratory judgement in court rather than a monetary one.
"I could see the value of having a court say this was illegal and ruling against the government," Hawley said. "I think it's the monetary provisions that most people, including me, really balk at. Like, why are the taxpayers on the hook for this, and why does it apply only to the Senate?"
The provision set a retroactive date of 2022 to allow for the group of senators targeted in Smith’s Arctic Frost probe to be able to sue. That element has also raised eyebrows on both sides of the aisle.
Sen. James Lankford, R-Okla., told Fox News Digital that he supported repealing the provision, but wanted to fix it.
"The best way to be able to handle it, I think, is to be able to fix it, take away the retroactivity in it," he said. "The initial target of this whole thing was to make sure this never happened again."
Sen. Andy Kim, D-N.J., told Fox News Digital that the provision was a "total mess," and raised concerns on a bipartisan basis.
FILE - Rep. Andy Kim, D-N.J., speaks to delegates in Paramus, N.J., March 4, 2024. (AP Photo/Seth Wenig, File)
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Not every Senator was on board with ditching the provision, however.
Sen. Lindsey Graham, R-S.C., made clear that he intends to sue the DOJ and Verizon, his phone carrier, and argued that he didn’t believe that the provision was self-dealing but rather to deter future, similar actions. He also wants to take the provision, or the core idea of it, a step further.
Graham said that he wanted to open up the process to others, including dozens of groups, former lawmakers and others affected by the investigation.
"Is it wrong for any American to sue the government if they violated your rights, including me? Is it wrong if a Post Office truck hits you, what do you do with the money? You do whatever you want to do with the money," Graham said.
"If you've been wronged, this idea that our government can't be sued is a dangerous idea," he continued. "The government needs to be held accountable when it violates people's rights."
Sen. Ted Cruz, R-Tx., was far more succinct. When asked if he would support a repeal of the provision, he told Fox News Digital, "No."
Alex Miller is a writer for Fox News Digital covering the U.S. Senate.
https://www.foxnews.com/politics/senators-rail-against-cash-grab-spending-bill-provision-house-preps-repeal-vote