Shutdown Deal Will Allow Senators To Sue Over ‘Arctic Frost’ Probe

GOP lawmakers secured a provision in the shutdown deal taking aim at the Biden FBI’s “Arctic Frost” surveillance campaign into a vast swath of Republicans and conservative entities.

The measure, tucked inside a Senate legislative branch appropriation bill that passed Monday night, allows senators whose phone records were seized without their knowledge during former special counsel Jack Smith‘s probe to sue the government — and be awarded at least $500,000 for every violation. Several Republican senators whose telephone metadata were obtained by the FBI under former President Joe Biden’s administration told the Daily Caller News Foundation the provision’s inclusion into the shutdown deal was a welcome move. (RELATED: ‘Arctic Frost’ Prosecutor Could Use Cushy Big Tech Job To Target Conservatives, Watchdog Warns)

“It’s designed to put real teeth into federal law that prohibits the executive branch from surveilling the Senate,” Republican Texas Sen. Ted Cruz told the DCNF in a brief interview on Monday. “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 (DOJ) — Democrat or Republican — ever does that again,” Cruz continued.

Cruz, who was targeted in the Biden FBI’s operation, said in October that his service provider, AT&T, declined to comply with the subpoena request for his phone records, but was prohibited from notifying him due to an order from Judge James Boasberg. The chief judge of the D.C. District court notably approved nondisclosure orders that kept some GOP lawmakers in the dark about their telephone metadata being subpoenaed by Smith during his “Arctic Frost” investigation.

The language would make it illegal to not inform a senator that their phone records were subpoenaed by federal law enforcement. The provision directs electronic service providers to alert a Senate office if they receive a request to share that senator’s data or records from the office.

The measure is notably retroactive to 2022, which would allow for the senators whose phone records were obtained by Smith during his 2020 election interference probe.

The list of GOP senators who were also surveilled by Smith include: Bill Hagerty and Marsha Blackburn of Tennessee, Tommy Tuberville of Alabama, Ron Johnson of Wisconsin, Lindsey Graham of South Carolina, Josh Hawley of Missouri, Cynthia Lummis of Wyoming and Dan Sullivan of Alaska.

Smith’s subpoenas requested records associated with senators’ cellphones between Jan. 4 to Jan. 7 2021.

Senate Majority Whip John Barrasso said lawmakers inserted the provision into the appropriations package to protect against “a weaponization of government against members of the Senate.”

“Senators are going to take responsible action and that’s what we’ve done here,” Barrasso said.

Lummis, one of the lawmakers targeted by the Biden probe, told the DCNF that she supported the provision.

“When senators are spied on by the executive branch without their knowledge, under the direction of the head of the DOJ and the FBI, there should be consequences,” Lummis said.

Democratic lawmakers, who did not speak about the Biden administration’s surveillance of Congress, slammed the provision.

“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,” Democratic Massachusetts Sen. Elizabeth Warren told the DCNF. “That’s not lawmaking at a way that representatives can be informed.”

“This is one more way in which the bill that passed the Senate tonight is even worse for the American people,” Warren continued.

The government funding package advanced by the Senate to end the 42-day shutdown would restore the paychecks of federal employees reporting to work during the shutdown, provide back pay to furloughed workers and fund federal food aid benefits for the full fiscal year. Senate Majority Leader John Thune was responsible for inserting the provision into the funding package, Politico first reported.

Several GOP lawmakers have called for Boasberg’s impeachment over his role in the Biden FBI’s “Arctic Frost” investigation. Republican Texas Rep. Brandon Gill introduced articles of impeachment against Boasberg on Nov. 4.

Andi Shae Napier contributed to this report. 

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