The clause, tucked into the legislative branch appropriations bill for 2026, was introduced by Senate Majority Leader John Thune of South Dakota. Senator Ted Cruz of Texas, one of several Republicans whose phone data was allegedly obtained by special counsel Jack Smith’s team during its probe of the January 6 events, said the measure is meant to protect members of Congress from partisan targeting.
“Leader Thune inserted that in the bill to provide real teeth to the prohibition on the Department of Justice targeting senators,” Cruz said, emphasizing that the addition ensures accountability when federal investigators overstep their authority. Under the new language, senators whose data was accessed without proper notice could seek damages of at least $500,000 per violation.
The provision comes amid ongoing scrutiny of the Biden-era Justice Department, which critics say expanded surveillance powers and used aggressive investigative tactics against political opponents. Republicans argue the change is necessary after revelations that Smith’s office collected phone metadata — not the contents of calls, but detailed records of who senators contacted and when — as part of its wide-ranging inquiry into post-2020 election activities. Those requests were approved by Chief Judge James Boasberg, who now faces calls for impeachment from Trump allies over what they view as judicial complicity in political targeting.
“This is about protecting the constitutional separation of powers,” one Republican aide familiar with the negotiations said. “Members of Congress should not have to fear that an administration will weaponize federal agencies to dig into their private communications.”
Democrats reacted angrily to the move, accusing Republicans of slipping the measure into the bill without consultation. Senator Martin Heinrich of New Mexico, the top Democrat on the subcommittee overseeing the legislation, called the move emblematic of dysfunction in the chamber. “This is precisely what’s wrong with the Senate,” Heinrich said.
Senator Chris Murphy of Connecticut took to X to denounce the clause as “outrageous,” saying it was a reason to oppose the broader funding package. Meanwhile, Senator Ron Wyden of Oregon warned that the measure could lead to “a financial windfall with very little oversight,” suggesting it could insulate lawmakers from legitimate scrutiny.
Republicans dismissed those concerns as partisan posturing, noting that the measure does not prevent investigations but rather ensures due process if legal boundaries are crossed. “No senator, Republican or Democrat, should be subjected to secret data seizures by an administration pursuing political vendettas,” said one GOP staffer.
For conservatives, the clause reflects broader frustration with what they view as a politicized Department of Justice under President Biden — one that has pursued aggressive prosecutions of Trump supporters while appearing hesitant to investigate misconduct tied to Democrats.
The inclusion of the measure underscores the shifting priorities of a GOP-led Senate determined to rein in executive overreach. Whether the courts will ultimately uphold such protections remains uncertain, but for now, Republicans say they are sending a clear message: the Justice Department must answer for what they describe as years of unchecked intrusion into the legislative branch.
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