Republicans are deeply split over Senate's $500K perk for seized phone records
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House Speaker Mike Johnson and Senate Majority Leader John Thune are at odds over a recently-passed measure allowing senators to sue the Justice Department for up to $500,000 over obtained phone records.
Why it matters: Johnson (R-La.) is expected to move Wednesday to repeal the measure. But Thune (R-S.D.) defended it Tuesday night, even as some of his own senators expressed concern.
- The provision was a last-minute addition to one of the government funding bills passed as part of a broader deal to reopen the government.
- It was drafted in response to the Biden-era Justice Department obtaining phone records of senators without their awareness, as part of its so-called Arctic Frost investigation.
Between the lines: Johnson committed to bringing the bill last week after his members threatened to tank the government funding package over the provision.
- The speaker agreed with his concerned members, calling the measure "a bad look."
- "I trust John Thune," Johnson said last Wednesday. "He's a great leader, but some members got together and hoisted that upon, put it into the bill at the last minute."
- Wednesday's vote is expected to pick up significant GOP support.
What they're saying: "The House is going to do what they're going to do with it," Thune told reporters Tuesday night when asked about the effort to repeal the measure.
- "The law that was violated was a statute that only affected the Senate," he continued."We drafted this whole thing not to in any way implicate the House."
- He argued the $500,000 penalty "is in place to ensure that in the future, if you get a Justice Department who did what Jack Smith did and weaponized the federal government against the Article I branch of government... there is a remedy in place."
The other side: But other Republican senators expressed more concern over the provision.
- Sen. Markwayne Mullin (R-Okla.) said he opposed the measure — and had not been aware that it had been added to his appropriations bill until after the vote.
- Senate Judiciary Chair Chuck Grassley (R-Iowa) told reporters he thinks he would support an effort to repeal the provision, "but I'm not going to give you a definitive answer until I hear from my colleagues" on the committee.
The intrigue: Mullin accused Senate Minority Leader Chuck Schumer (D-N.Y.) of pushing to include the provision, which the Democratic leader rejected in comments to reporters.
- Schumer confirmed he ensured Democratic senators — not just Republicans — would be able to sue in the future if their phone records were improperly obtained. But he said the provision was pushed by Thune, and added he'd be fine if it was repealed.
Editor's note: This article has been updated to add more context from Schumer's comments to reporters.

