SC’s Lindsey Graham stalls plan to avoid U.S. government shutdown. Why?

U.S. Sen. Lindsey Graham, R-S.C., put a spending package aimed at stopping the federal government from shutting down this weekend on hold Thursday evening, according to multiple media reports.

The five spending bills would fund the federal government for a year, but the U.S. Department of Homeland Security would only receive two weeks of funding. The deal had backing from Democratic senators and President Donald Trump on Thursday evening.

But Graham took issue with the spending package revoking his ability to sue the federal government over special counsel Jack Smith’s probe into Trump’s efforts to overturn 2020 election results, Politico reported Friday.

“I’m not going to give up on the idea that we should abandon holding Jack Smith accountable,” Graham said in a floor speech Friday.

On Friday, Graham laid out his terms to support the bill. He demanded a Senate vote on an amendment to require notification to Congress members if their phone records are “looked at” by the executive branch, unless they are under criminal investigation. The amendment would also expand who could seek a “private cause of action” if they were “harmed” by Smith’s investigation, which is primarily Republican groups and individuals, Graham said.

He also took issue with the lack of long-term funding for the Department of Homeland Security, The Hill reported. In a floor speech Friday, Graham said he would not support the bills until he was guaranteed a vote on a bill to criminalize sanctuary states and cities.

“You literally should go to jail if you do not enforce the law, abide by the law,” Graham said.

If Congress doesn’t pass a spending plan, the federal government will shut down at midnight. U.S. Senators were trying to push the bills through Thursday evening, but Graham halted the spending package from being fast-tracked, The Hill reported. Senate Majority Leader John Thune, R-S.D., said there was opposition on both sides of the aisle, AP reported.

The spending package repealed a provision allowing eight U.S. Senators to sue for up to $500,000 if their phone records were subpoenaed without their knowledge.

Graham said he would take advantage of the ability to sue the federal government.

“I want to make sure this never happens again,” Graham told reporters in Columbia in November. “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.”

A spokesperson for Graham did not immediately respond to a texted request for comment or questions.

This is a developing news story and will be updated

This story was originally published January 30, 2026 at 11:34 AM.