If you thought our earlier story about the Federal Bureau of Investigation secretly collecting the phone-metadata of a set of Republican senators was shocking (see our October 7 coverage: *“Declassified Records Reveal FBI Monitoring of GOP Senators; Lummis Demands Accountability”). Buckle up, the legislative fallout may now cost taxpayers millions.
A last-minute amendment to the funding measure that would avoid a federal shutdown has inserted a provision that could allow any of the targeted senators, including Wyoming’s own Cynthia Lummis, to sue the federal government for $500,000 per “instance” of unauthorized data-collection.
What We Know So Far
- The amendment is embedded in the Senate version of the bill that would keep the government funded.
- The triggering event: An internal FBI document (relating to the investigation code-named “Arctic Frost”) showed toll-analysis (call times/durations/numbers) from eight Republican senators’ phones was collected in early January 2021, including Lummis’s.
- The payout mechanism: The amendment sets up a civil cause of action for each “instance” of this data collection, meaning each device, each account could trigger $500,000. Multiply that by eight senators, multiple accounts, and you’re talking potentially millions.
- Some House Republicans are furious. Several say they were blindsided by the insertion of this language and plan to vote to strike it out.
Why This Matters for Wyoming
Our previous coverage laid out how Lummis accused the FBI of “a blatant assault on our constitutional rights” and vowed to push oversight. Now, not only is she on the record about being spied upon, but a mechanism may exist for her (and other senators) to seek compensation.
For Jackson Hole and the state of Wyoming, this brings high-stakes national drama directly into local politics and federal representation. Whether Lummis chooses to sue or not, the fact that the “victim” label is now paired with a “pay-out” possibility shifts the narrative from oversight to accountability with teeth.
The Catch(s)
- The amendment is still embedded in larger legislation and could be stripped out in the House or in conference. The path isn’t guaranteed.
- It may trigger litigation. If a senator actually sues under this new law, constitutional questions about separation of powers, legislative immunity, executive surveillance authority will almost certainly end up in court.
- Even if enacted, it may take time to play out: Claims might languish, be challenged, or settled quietly. The money, if paid, will come from the federal government (i.e., taxpayers).
What to watch in the coming days
- House action — Will the House remove the amendment or insist on it? The next vote will be telling.
- Senator Lummis’s move — Will Lummis publicly commit to suing? So far she said she “didn’t write the measure” and “hasn’t decided” if she will seek damages.
- Conference committee language — If the Senate and House reconcile different versions of the bill, will this provision survive?
- Broader reform implications — The surveillance revelations, combined with now-potential payoffs, may stimulate fresh work on surveillance reform, oversight of the FBI, and legislative protections for lawmakers.
Why Our Readers Should Care
Though this story began in Washington, D.C., it lands squarely in Jackson’s backyard because:
- It involves our senator.
- It touches on the fundamental issues of surveillance, privacy, and the balance of power among branches of government, topics our readers care about.
- Depending on how it unfolds, it could affect Wyoming’s federal budget interactions, national perception of the state’s representation, and even how locals view federal overreach (a theme familiar here among Jacksonites).
We reported in October how Lummis called the FBI’s metadata collection “authoritarian” and demanded answers. Now, a bill may give her (and others) real leverage to make the government pay.
Whether she takes that step and whether the mechanism survives the legislative gauntlet remain open questions, but the stakes are high, the optics are potent, and Wyoming finds itself front and center in a national showdown over surveillance, accountability, and power.
AntlersArch founder and the voice behind Teton Tattle.
