Tennessee senators split on Justice Department lawsuit provision

Both Blackburn and Hagerty were affected by Jack Smith’s phone records search, but only Blackburn plans legal action as House Republicans move to repeal the new payout clause.

Last updated: November 13, 2025 8:48 pm

2 Min Read

WASHINGTON — Tennessee’s two U.S. senators are taking sharply different approaches to a controversial provision in the Senate’s bill to end the government shutdown that allows affected lawmakers to sue the Justice Department for up to $500,000 in damages over past searches of their phone records tied to the Jan. 6 investigation.

The provision, added to the Nov. 11 shutdown bill, applies to eight Republican senators whose phone metadata was subpoenaed during special counsel Jack Smith’s “Arctic Frost” inquiry. The clause has drawn bipartisan criticism as a taxpayer-funded payout targeted to a small group of lawmakers, and House Republican leaders expect a repeal vote next week.

Only one of Tennessee’s senators plans to use the legal mechanism.

Sen. Bill Hagerty said he will not seek damages and emphasized he opposes any taxpayer-funded compensation. Hagerty confirmed his position in a written statement shared on social media and reported by several outlets, saying he wants accountability for Smith’s investigation but not a personal financial award.

Sen. Marsha Blackburn, however, intends to proceed with legal action. Her office said she will continue pursuing a declaratory judgment — a court ruling formally finding her rights were violated — while not seeking the monetary damages authorized in the new provision. Blackburn previously described the phone records search as a “spying operation to silence Biden’s political opposition,” and she signaled her challenge was already underway before the shutdown bill passed.

According to her spokesperson, Blackburn’s goal is to secure a legal finding that the searches were unconstitutional and to prevent similar actions by future administrations.

Publicly, only Sen. Lindsey Graham of South Carolina has said he intends to pursue full monetary damages.

If the House repeals the provision next week, Blackburn’s ability to seek damages would be removed, but her effort to obtain a declaratory judgment would remain unaffected.