Skip to main content
Thursday, November 5, 2026Nov 5

This story is exclusive to subscribers.

Tennessee lawmakers will fight ‘unfathomable’ provision

Sen. Peter Welch, D-Vt., left, and Sen. Marsha Blackburn, R-Tenn., arrive for final votes Nov. 10, 2025, as the Senate worked to bring the government shutdown to an end. A provision of the bill would allow senators to sue the government over phone records subjected to investigations. (AP Photo/J. Scott Applewhite)
Sen. Peter Welch, D-Vt., left, and Sen. Marsha Blackburn, R-Tenn., arrive for final votes Nov. 10, 2025, as the Senate worked to bring the government shutdown to an end. A provision of the bill would allow senators to sue the government over phone records subjected to investigations. (AP Photo/J. Scott Applewhite) Sen. Peter Welch, D-Vt., left, and Sen. Marsha Blackburn, R-Tenn., arrive for final votes Nov. 10, 2025, as the Senate worked to bring the government shutdown to an end. A provision of the bill would allow senators to sue the government over phone records subjected to investigations. (AP Photo/J. Scott Applewhite)

A provision in legislation to reopen the government allows certain lawmakers to sue for damages if their electronic records are obtained without their knowledge — a response to the federal investigation of the Jan. 6, 2021, breach of the U.S. Capitol, which gathered phone records from Tennessee’s two U.S. senators.

Senators could sue for $500,000 for each violation of the provision.

U.S. Sen. Marsha Blackburn — who has expressed outrage that her phone records were obtained by investigators — and one of her challengers in the campaign for Tennessee’s Republican primary for governor next year say they oppose the provision.

“Frankly, I find it unfathomable that this provision made it into the bill,” said U.S. Rep. John Rose, R-Cookeville, who seeks to replace Gov. Bill Lee.

Rose has introduced legislation in the House that would undo the provision.