During the final hours of the shutdown fight earlier this month, Senate Majority Leader John Thune (R-S.D.) slipped a toxic provision into the continuing resolution that reopened the government. The clause created a special pathway for select senators to sue the federal government, bypass its usual legal defenses, and claim large payouts if their records were subpoenaed during the Arctic Frost investigation.

The result? About eight senators could demand $500,000 for every “instance” of seized data. Those instances could stack, pushing potential payouts into the tens of millions of taxpayer dollars. That is not an exaggeration. Sen. Lindsey Graham (R-S.C.) has all but celebrated the prospect.

Graham said he wanted ‘tens of millions of dollars’ for seized records while victims of weaponization still face shattered lives.

No one else would qualify for compensation. Only senators. Anyone who spent years helping victims of political weaponization — often pro bono, while prestige law firms chased billable hours — can see the corruption in plain view. The message this provision sends on the central Trump-era promise of accountability could not be weaker: screw the people, pay the pols.

The surveillance of senators was wrong. It should never have happened. But senators did not face what ordinary Americans endured. Senators maintain large campaign accounts to hire top lawyers. They operate out of official offices, armed with constitutional protections such as the Speech and Debate Clause. They do not lose their homes, jobs, savings, or businesses. Thousands of Americans did. Many still face legal bills, ruined livelihoods, and ongoing cases. They deserve restitution — not the politicians who failed them.

Graham helped push this provision forward. As public criticism grew, he defended it. On Sean Hannity’s show the other day, he said: “My phone records were seized. I’m not going to put up with this crap. I’m going to sue.” Hannity asked how much. Graham replied: “Tens of millions of dollars.”

Democrats will replay that clip across every battleground in the country going into an uphill midterm battle in 2026.

Graham embodies the worst messenger for this fight. He helped fuel weaponization long before he claimed victimhood. He urged the late Sen. John McCain (R-Ariz.) to pass the Steele dossier to the FBI. As chairman of the Senate Judiciary Committee, he did nothing to slow the Justice Department and FBI as they pursued political targets. He even supported many of President Joe Biden’s judicial nominees who later embraced aggressive lawfare tactics. If anyone owed restitution to victims, Graham sits high on the list.

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Photo by Win McNamee/Getty Images

Fortunately, enough Republicans recognize the political and moral disaster of funneling taxpayer funds to senators while real victims remain abandoned. The House advanced a measure today to repeal the provision. Led by Reps. Austin Scott (R-Ga.) and Chip Roy (R-Texas), the House forced the Senate to address in public what it attempted to smuggle through in private.

Thune defended the measure in comments to Axios. He argued that only senators suffered statutory violations and said the provision was crafted to avoid covering House members. He did not explain why any House member who was illegally surveilled should receive no remedy.

The Senate leader also claimed the financial penalty would deter a future Justice Department from targeting lawmakers, citing the actions of special counsel Jack Smith. His emphasis on “future” misconduct glossed over a critical fact: The provision is retroactive and would cover past abuses.

That defense cannot survive daylight. Repeal requires 60 Senate votes, and not a single Democrat will fight to preserve a payout for Graham. Republicans should not try either. Efforts to strike the measure need to begin immediately. Senators — especially Thune — should commit to an up-or-down vote. If they want to send tens of millions of dollars in taxpayer funds to Graham, they should do it in public, with the country watching.

Washington already reeks of grift and self-dealing this year. If senators protect this provision, that smell will spread nationwide.