Deal to reopen government allows SC’s Graham to sue for $500K. He plans to do it
U.S. Sen. Lindsey Graham told reporters Wednesday he plans to take advantage of a provision in a package to reopen the government that would allow him to sue the government because his phone records were subpoenaed without his knowledge.
Graham’s phone records from January 2021 were subpoenaed in 2023 as part of special counsel Jack Smith’s investigation into President Donald Trump’s efforts to overturn the 2020 election.
Graham said Smith’s move was in violation of existing statue and of a contract the U.S. Senate has with Verizon.
“If you’ve been wronged, there should be a remedy,” Graham said while speaking in Columbia.
The provision allows senators to seek up to $500,000 in damages from the government if their phone records are subpoenaed without their knowledge, according to ABC News.
The deal to end the shutdown had support from seven Democrats and an Independent who votes with Democrats, and Graham said the provision protects the institution.
“If I’m subject to a criminal investigation, then the rules apply to me like they would any other citizen, but this wasn’t about investigating me or other senators for a crime. It’s a fishing expedition,” Graham said.
“It will also cover any Democrats in this Senate this term that may have something happened to them,” Graham added.
Graham, a staunch Trump ally, told reporters he plans to file suit.
“I want to make sure this never happens again. And how do you do that? Make people pay. I don’t know if I win or not, but I’m going to pursue through the court system, remedies.”
Smith sought the phone records of eight senators, including Graham, and one House member. Graham for years has said he had been gathering information on whether he should vote to certify President Joe Biden’s victory in the 2020 election, which Graham did.
After the 2020 election Graham called Georgia Secretary of State Brad Raffensperger over whether results in the Peach State could change in Trump’s favor.
“No election is perfect, but I voted to certify the election, and we must bring this to an end. Two and a half years later, I can’t believe that a special counsel would try to find the phone records of (eight) senators whose job it was to decide whether or not to certify the election,” Graham said. “Who we called, where we called from, without a warrant or any other process in violation of the contract between the phone company and Senate and a statute right on point.”
The inclusion of the provision received criticism from South Carolina Democrats including from Annie Andrews, who looking to oust Graham in 2026 and Jaime Harrison, who unsuccessfully challenged Graham in 2020.
“So Lindsey Graham you voted for a $500,000 earmark for yourself?!” Harrison posted on X. “Man, you need to give taxpayers a refund for the salary they pay you to screw them over every damn day.”
This story was originally published November 13, 2025 at 5:30 AM.
