Republicans Tear Into Each Other Over Payout in Shutdown Deal

Senate Republicans are still planning to take advantage of a provision of the shutdown-ending bill that would allow them to rake in cash from the federal government.

At the close of the 44-day federal hiatus, the caucus quietly slipped in a self-serving resolution that granted senators the ability to pursue financial compensation from the Justice Department—up to $500,000 each—if they had their phone records seized by former special counsel Jack Smith as he investigated Donald Trump’s 2020 election conspiracy.

Despite passing the measure, the House adamantly opposed the detail: House Speaker Mike Johnson has signaled his support for an effort to repeal it altogether. As of last week, it wasn’t clear whether anyone in the Senate actually planned to pursue the new retribution pathway, save for Senator Lindsey Graham—but the upper chamber’s initial resistance appears to have ebbed in recent days.

“The House is going to do what they’re going to do with it. It didn’t apply to them,” Senate Majority Leader John Thune told CNN Tuesday. “There’s a statute that obviously was violated, and what this does is enables people who are harmed, in this case, United States senators, to have a private right of action against the weaponization by the Justice Department.”

When asked whether he believed Senate Republicans would actually line their pockets with U.S. taxpayer funds, Thune said he wasn’t convinced “anybody was talking about taking the money.”

“But I think the penalty is in place to ensure that in the future … there is a remedy in place,” Thune told the network.

Eight known Senate Republicans had their phone records subpoenaed as part of Smith’s inquiry: Senators Marsha Blackburn, Lindsey Graham, Bill Hagerty, Josh Hawley, Ron Johnson, Cynthia Lummis, Dan Sullivan, and Tommy Tuberville. Of that lot, five indicated late last week that they have no intentions to utilize the controversial provision.

“This fight is not about the money; it is about holding the left accountable for the worst weaponization of government in our nation’s history,” Blackburn told CBS News, signaling her support to change the language of the resolution. “If leftist politicians can go after President Trump and sitting members of Congress, they will not hesitate to go after American citizens.”

Smith’s team from the case has clarified that it was not spying on senators and, in fact, was well within its rights to request the phone records. Two of the team members issued a letter in October stating that they had requested phone toll records, which only show incoming and outgoing phone numbers, as well as call duration—not the contents of the calls.