In a significant development tied to the ongoing political and legal controversies surrounding former President Donald Trump, a new provision included in a legislative package aimed at ending the recent government shutdown has introduced robust protections for U.S. senators against unauthorized access to their private data by federal law enforcement agencies. This provision empowers senators to sue the federal government if their data is seized or subpoenaed without proper notification, with potential damages set at $500,000 per violation.
The legislative language appears to be a direct response to actions taken by the Justice Department during special counsel Jack Smith’s investigation into President Trump’s involvement in efforts to overturn the 2020 presidential election results. In October 2025, Senate Republicans disclosed an FBI document revealing that investigators had obtained phone record data from eight senators and one congressman in connection with calls made around the time of the January 6, 2021, Capitol attack. These call records were obtained under subpoena in 2023, and the new law retroactively covers alleged violations dating back to January 2022.
The senators whose records were accessed expressed outrage over the FBI’s actions, accusing the Biden administration of weaponizing the Justice Department to target political opponents. Senator Chuck Grassley (R-Iowa), chairman of the Senate Judiciary Committee, condemned the FBI's conduct as “an unconstitutional breach” and called on Attorney General Lisa Bondi and FBI Director Christopher Wray (referred to in the original article as Director Patel) to hold those responsible accountable. Grassley went so far as to characterize the Biden administration’s conduct as “arguably worse than Watergate,” underscoring the severity of the accusations. However, a spokesperson for Grassley did not immediately provide further comment on the new legislation.
The FBI document clarified that the records collected consisted of “limited toll records,” which include metadata such as phone numbers involved in calls and the duration of those calls but do not capture the content of the conversations themselves. This distinction is important because it addresses concerns about the extent of surveillance and privacy violations.
Special counsel Jack Smith’s attorneys defended the investigative methods in a letter to lawmakers dated October 21, stating that all procedures were “entirely lawful, proper and consistent with established Department of Justice policy.” Smith’s investigation into Trump’s post-2020 election actions, including the January 6 Capitol riot, has drawn intense scrutiny. According to the indictment against Trump related to the 2020 election, Smith’s probe focused in part on allegations that Trump attempted to pressure senators and members of Congress to delay the certification of President Biden’s Electoral College victory by making calls to those lawmakers. Smith’s legal team has expressed eagerness for him to testify publicly about the investigations he has overseen.
The new legislative provision requires telecommunications service providers to notify both the relevant Senate offices and the Senate sergeant at arms if federal law enforcement subpoenas or otherwise requests senators’ data. Importantly, the bill stipulates that notification cannot be delayed by a court unless the senator concerned is the target of a criminal investigation. This creates a new layer of transparency and accountability, intended to protect the privacy of senators and their communications.
Further provisions in the bill empower senators whose data or that of their offices has been improperly acquired, subpoenaed, searched, accessed, or disclosed in violation of the law to bring civil actions against the United States government. This applies if the violation was committed by any officer, employee, or agent of the federal government. Each violation entitles the affected senator to seek damages of $500,000, and the bill explicitly blocks the government from using several common immunity defenses to avoid liability.
Senators have a five-year window from the time they become aware of a violation to file suit. Moreover, the bill applies retroactively to any violations occurring after January 2022. Since the FBI analyzed the senators’ call records in 2023, those lawmakers potentially have grounds to file lawsuits under the new law.
The government retains some defenses against lawsuits. It can argue that notification delays were justified if the senator was a target of a criminal investigation and if a court order authorized the delay. This exception is designed to balance the senators’ privacy rights with legitimate law enforcement needs during active investigations.
The senators whose call records were obtained by the FBI, as detailed in the disclosed document, include prominent Republicans: Lindsey Graham of South Carolina, Bill Hagerty of Tennessee, Josh Hawley of Missouri, Dan Sullivan of Alaska, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin, Cynthia Lummis of