Jenny Goldsberry

Washington Examiner

House Speaker Mike Johnson (R-LA) changed his opinion on the surprise provision added to his clean continuing resolution that allows senators to sue the federal government for surveilling them without their knowledge.

Johnson appeared on Fox News Sunday following a meeting with Senate Majority Leader John Thune (R-SD). The pair previously disagreed on the last-minute addition as a source familiar with the provision told the Washington Examiner that Thune included it in the bill at the request of members of the Senate GOP conference, saying there was a “strong appetite for it.” Meanwhile, Johnson said he “did not appreciate” the addition that came with no notice.

“I was kind of frustrated by it — I said that publicly — but I have since talked to Leader Thune and the senators who were involved, and their motivation was pure,” Johnson said Sunday. “They were trying to put teeth into the provision of law that prevents these abuses like Jack Smith and these rogue prosecutors who weaponize the DOJ and go after political enemies. There ought to be a penalty so we can deter further action like that in the future.”

In 2023, Smith tracked the phones of Sens. Lindsey Graham (R-SC), Josh Hawley (R-MO), Marsha Blackburn (R-TN), Ron Johnson (R-WI), Bill Hagerty (R-TN), Dan Sullivan (R-AK), Cynthia Lummis (R-WY), Tommy Tuberville (R-AL), Eric Schmitt (R-MO), Ashley Moody (R-FL), and Rep. Mike Kelly (R-PA). At the time, Schmitt and Moody were a part of the Republican Attorneys General Association, which was also under surveillance by Smith.

According to Hawley, Smith was also able to track the locations of several senators under an FBI operation known as Arctic Frost. Smith’s ​​Jan. 6 case against then-candidate Trump was dismissed after Trump’s reelection last year. 

Shortly after the election, Smith resigned from the DOJ. The prosecutors who worked under Smith were subsequently fired days after Trump’s inauguration.

“That’s what they were after, but the optics of it weren’t great because it looked like retroactivity and they’d be able to pay themselves for something they endured,” Johnson said.

“But I think we need to adjust the date so that the optics are better, but getting teeth to that is something we all ought to be in favor of,” the speaker added.

Johnson continued to predict that the provision will be repealed to help with future legal efforts rather than retroactive legal efforts. A bill has already been filed in the House to do so.