Tuberville Condemns ‘Spy Clause’ Provision, Warns Against Taxpayer Liability

Sen. Tommy Tuberville, R-Ala., expressed opposition on Tuesday to a new provision in the short-term government funding bill that allows senators to sue the federal government for unlawful surveillance, warning it could place financial burden on ordinary taxpayers instead of holding accountable those responsible for misconduct.

Tuberville, speaking on “National Report,” acknowledged the impulse behind the “spy clause” following revelations related to the “Arctic Frost” spying investigation, which exposed improper access to lawmakers’ phone records. However, he argued that financial penalties should not be borne by the public. “I don’t think anybody needs to go after the American taxpayer here. They didn’t do anything,” Tuberville said. “This is making American taxpayers pay money.”

The measure, signed by President Donald Trump last week, allows any U.S. senator to sue for at least $500,000 if federal investigators sought their phone records without prior notification. Tuberville, who was among those affected by improper surveillance, stated the remedy should fall on the individuals and institutions responsible—not on citizens with no role in the misconduct. “You put crooked judges like [Judge James] Boasberg — you impeach him,” Tuberville said. “And you put [former Special Counsel] Jack Smith, who was a crooked Department of Justice employee that did this behind the scenes — put him in jail.”

Tuberville insisted that the federal government must not “circumvent” accountability by shifting liability to taxpayers. “We’ve got to do the right thing for everybody involved and get this nipped in the bud,” he said. “And not let it happen again.” He also suggested phone carriers who facilitated surveillance requests—particularly when they involved private citizens—should be financially responsible. “If you want to go after somebody, you go after the telephone companies that did this to you as an individual,” he said. “Not as a senator, not as a congressman, but as a private citizen.”

Tuberville noted the damages provision would apply only going forward because retroactive liability is not legally viable. While he acknowledged why some lawmakers may want future penalties on the books, he dismissed the idea of funding those judgments with taxpayer dollars. “There’s no reason why we should even put a monetary value on this,” Tuberville said. “We don’t need to charge the American taxpayer. My God, what are we trying to prove here?”

Tuberville emphasized the focus should remain on criminal accountability for those who abused their authority. “What we’re trying to prove is put people in jail that break the law,” he said. “That’s what we need to look at.”