Sen. Lindsey Graham (R-S.C.) lifted his hold on a government funding bill Friday, allowing the Senate to advance a package to avert a partial shutdown. The move came after Graham secured a promise for a future vote on his legislation to criminalize sanctuary cities. The Senate had been deadlocked over Graham's demands, which also included repealing a provision allowing senators to sue the Justice Department for accessing their phone records during the Jan. 6 investigation.
Core Facts
Graham initially blocked the funding bill, demanding a vote on his sanctuary cities bill and the repeal of a provision that would prevent senators from suing the DOJ for accessing their phone records. The House had unanimously voted to repeal the provision, which Graham had championed. After negotiations, Graham agreed to lift his hold, allowing the Senate to proceed with the funding package. The bill still faces hurdles in the House, where it must be reconsidered before the shutdown deadline.
Deeper Dive & Context
Graham's Demands
Graham's hold centered on two key issues: his sanctuary cities bill and the repeal of the phone records provision. He argued that the provision, which he helped pass, allowed senators to sue the DOJ for up to $500,000 per phone record accessed. The House's repeal of this provision was attached to the funding bill, prompting Graham's objection. He also demanded a vote on his bill to criminalize sanctuary cities, which he argued were violating federal immigration laws.
Political Reactions
Critics, including some Republican senators, argued that the phone records provision could allow senators to enrich themselves with taxpayer funds. Sen. Josh Hawley (R-Mo.) distanced himself from the provision, stating that accountability should come through oversight, not financial payouts. Democrats and the White House agreed to separate Department of Homeland Security funding from the package, replacing it with a two-week stopgap measure to address Graham's concerns.
Shutdown Implications
Even with Graham's hold lifted, a partial government shutdown is likely due to the bill needing House reconsideration. The Senate's passage of the funding package does not guarantee its timely approval in the House, raising the specter of a brief shutdown. The White House and Senate Democrats struck a deal to separate DHS funding, which Democrats had opposed without immigration enforcement reforms.
Background on Phone Records
The phone records provision stemmed from the DOJ's seizure of phone metadata from Graham and other senators during the Jan. 6 investigation. Former special counsel Jack Smith obtained the records as part of his probe into President Donald Trump's efforts to overturn the 2020 election. The provision allowed affected senators to sue for damages, a move Graham initially supported but later opposed when the House moved to repeal it.