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Why are 8 Republican senators on track to get $500,000 each from taxpayers?

How a funding bill provision tied to the Jan. 6 insurrection could deliver a taxpayer windfall to lawmakers.
Justice Department Congress
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Democratic lawmakers are expressing outrage after a bill to resume government funding included a provision that could result in eight senators receiving $500,000 each over their personal data being obtained during the federal investigation into the Jan. 6, 2021, attack on the U.S. Capitol.

The bill states: “Any senator whose Senate data, or the Senate data of whose Senate office, has been acquired, subpoenaed, searched, accessed or disclosed in violation of this section may bring a civil action against the United States if the violation was committed by an officer, employee or agent of the United States or of any federal department or agency.”

Last month, Senate Judiciary Committee Chairman Chuck Grassley said special counsel Jack Smith obtained personal cellphone records from eight senators. They include Sens. Lindsey Graham, Bill Hagerty, Josh Hawley, Dan Sullivan, Tommy Tuberville, Ron Johnson, Cynthia Lummis and Marsha Blackburn.

The Senate Judiciary Committee said the FBI sought and obtained data on the senators’ phone use from Jan. 4-7, 2021, in 2023.

The language in the bill signed by President Donald Trump Wednesday angered some congressional Democrats.

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“While families receive notices about skyrocketing premiums — and the Trump administration fights tooth and nail to block hungry families from receiving SNAP benefits — the Senate snuck a provision into its government funding legislation to line their own personal bank accounts with millions of taxpayer dollars,” said Rep. Rosa DeLauro of Connecticut, the ranking member on the House Appropriations Committee. “What makes this corruption so staggering is that the payout is specifically designed to go to eight senators whose phone records were lawfully subpoenaed under due process by the Department of Justice.”

The senators were part of an investigation that ultimately led to Trump facing multiple charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

The case was one of two brought by Smith and the federal government against Trump. The other involved allegations that Trump illegally stored classified documents at his Florida residence after leaving office in 2021.

The Justice Department has a long-standing position that current presidents cannot be indicted, prosecuted or jailed in a criminal case while in office. Both cases were dropped before Trump returned to office, and Smith resigned as special counsel.