Lindsey Graham warns he will sue DOJ for $500K over phone records scandal under new Senate provision

House Republicans have threatened to repeal the provision through a stand-alone measure next week, and Florida GOP Rep. Greg Steube reportedly said he voted no on the Senate-to-House measure over the provision.

Published: November 13, 2025 10:46pm

South Carolina Republican Sen. Lindsey Graham on Thursday declared that he will sue the Justice Department (DOJ) for $500,000 because it accessed his phone records without notifying him beforehand. 

The ability to sue the government was provided under a provision in the Senate-led continuing resolution that reopened the federal government on Wednesday, which allows senators whose phone records were accessed as part of the investigation that led to former special counsel Jack Smith’s probe of the Jan. 6, 2021, Capitol riot, to sue for $500,000.

The provision is expected to only benefit eight Republican senators and was added at the last minute. It will not benefit House Republicans whose phone records were also allegedly improperly accessed, because it is specifically for the Senate.

“It bothers the hell out of me and I'm going to sue, and I'm going to create opportunities for others to sue that weren't in the Senate,” Graham told reporters in South Carolina.

The provision only applies to data requests that were made on or after Jan. 1, 2022, and it requires that senators be notified if their data is disclosed.

House Republicans have threatened to repeal the provision through a stand-alone measure next week, and Florida GOP Rep. Greg Steube reportedly said he voted no on the Senate-to-House measure over the provision.

Alabama Republican Sen. Tommy Tuberville on Thursday also indicated that he would sue Biden administration officials who targeted him as part of Smith's probe if they do not suffer other dire consequences.

"Judge Boasberg who granted the Biden DOJ the authority to spy on the phones of Senators should be IMPEACHED," Tuberville posted on X. "Jack Smith, who ordered my phone to be surveilled needs to be DISBARRED and THROWN IN JAIL. If they aren’t, I will sue the living hell out of every Biden official involved in this to make sure this NEVER happens to a conservative again."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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