Biden FBI’s Arctic Frost surveillance of lawmakers could cost the government, thanks to ‘real teeth’ measure in funding bill

Republican lawmakers officially passed their funding bill to reopen the government on Monday night. In addition to getting the ball rolling on reopening the government, their bill sets the stage for possible retribution over the Biden FBI’s Arctic Frost operation.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) published damning documents last month regarding the Biden FBI’s Operation Arctic Frost, an investigation that ultimately morphed into former special counsel Jack Smith’s federal case against President Donald Trump regarding the 2020 election.

‘Arctic Frost was a grotesque abuse of power. It was Joe Biden’s Watergate.’

The documents revealed that the bureau not only subpoenaed records for over 400 Republican individuals and entities but secretly obtained the private phone records of numerous Republican lawmakers as part of what the Iowa senator called a “fishing expedition.”

According to the Grassley, those behind Arctic Frost “were spreading a wide net because they were looking for anything they could to hook on Trump, put Trump in prison, keep him from running for president, and things of that nature.”

The funding bill passed by the Senate this week contains a provision that would enable any senator whose phone records were “acquired, subpoenaed, searched, accessed or disclosed” without his or her knowledge to file a civil lawsuit against the government inside the next five years for at least $500,000 plus legal fees for each instance of a violation.

Senators would be able to take legal action if at the time their records were seized, they were a target of a criminal investigation; a federal judge issued an order authorizing a delay of notice to the senator in question; the government complied with the judge’s order; and the subpoena was faithfully executed.

RELATED: Republicans torch Obama judge over his role in Biden FBI’s ‘partisan vendetta,’ demand impeachment

Photo by Drew Angerer/Getty Images

The provision, which is retroactive to 2022, notes that “no officer, employee, or agent of the United States or of any Federal department or agency shall be entitled to assert any form of absolute or qualified immunity as a defense to liability” in relation to such violations.

“It’s designed to put real teeth into federal law that prohibits the executive branch from surveilling the Senate,” Sen. Ted Cruz (R-Texas) — whose Senate office hard-line and cellphone records were reportedly targeted — told the Daily Caller. “Arctic Frost was a grotesque abuse of power. It was Joe Biden’s Watergate.”

“[It’s] a common-sense provision to ensure that no Department of Justice — Democrat or Republican — ever does that again,” added Cruz, who confirmed to Politico that Majority Leader John Thune (R-S.D.) was “directly” responsible for the inclusion of the provision.

Senate Majority Whip John Barrasso (R-Wyo.) told the Daily Caller the provision serves to protect against “a weaponization of government against members of the Senate” and stressed that “senators are going to take responsible action, and that’s what we’ve done here.”

Democrat lawmakers complained about the measure.

“I’m shocked that a huge change in policy would be dropped into a bill at the last minute, and the first that most senators learn about it is in the press,” Sen. Elizabeth Warren (D-Mass.) told the Caller. “This is one more way in which the bill that passed the Senate tonight is even worse for the American people.”

Sen. Martin Heinrich (D-N.M.) similarly clutched pearls over the provision, telling Politico, “I am furious that the Senate minority and majority leaders chose to airdrop this provision into this bill at the eleventh hour — with zero consultation or negotiation with the subcommittee that actually oversees this work.”

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