1. United States
2. Mass.
3. Letter

I am writing to express my strong opposition to the provision in the current legislative package that allows senators to sue if federal law enforcement seizes or subpoenas their data without notification. This provision, which could result in senators receiving up to $500,000 in damages for each violation, is deeply concerning and appears to be a direct response to legitimate investigative actions taken during the special counsel's investigation into the events surrounding January 6, 2021. The FBI's collection of limited toll records from eight senators and one congressman, as revealed by Senate Republicans in October, was part of a lawful investigation into a significant attack on our democracy. These records, which only included information about call participants and duration—not conversation contents—were obtained via subpoena in 2023, following proper legal procedures. This new legislation, which would cover alleged violations dating back to 2022, seems designed to obstruct justice rather than protect privacy. It requires service providers to alert Senate offices and the Senate sergeant at arms if federal law enforcement requests senators' data, potentially compromising ongoing investigations. While I understand the importance of protecting privacy, this provision goes too far. It creates a dangerous precedent by allowing senators to bring civil actions against the United States for actions taken by federal officers in the course of their duties. This could severely hamper legitimate law enforcement efforts and create a two-tiered justice system where senators are afforded special protections not available to ordinary citizens. I urge you to take immediate action to remove this provision from the legislative package. If removal is not possible, I strongly encourage you to vote NO on the bill's passage. Our focus should be on ensuring equal application of the law and maintaining the integrity of our justice system, not on creating special protections for elected officials that could impede important investigations. The American people deserve a government that upholds the principle that no one is above the law—including, and especially, our elected representatives. Please stand firm against this misguided provision and protect the integrity of our legal system.