Government shutdown updates: Trump signs government funding bill

Sen. Lindsey Graham said Wednesday he would "definitely" sue under new language in the Senate version of the government funding bill that would give senators a legal pathway for senators to sue if their phone records are investigated without their notice.

Graham is one of the senators whose phone data was accessed by special counsel Jack Smith as part of his investigation into the Jan. 6 attack on the Capitol.

"And if you think I am going to settle this thing for a million dollars? No. I want to make it so painful no one ever does this again," Graham said during a news conference.

Other Republican senators who had their records supoenaed were split.

Sen. Marsha Blackburn's office suggested in a statement to ABC News that she would pursue legal action.

Representatives for Sen. Dan Sullivan, R-Alaska, said he has no plans to sue, as did Sen. Ron Johnson, R-Wisc.

"If I did sue, it would only be for the purpose of using the courts to expose the corrupt weaponization of federal law enforcement by the Biden and Obama administrations," Johnson said in a statement to ABC News.

-ABC News' Allison Pecorin

Some Republican House members are expressing opposition to a provision that was inserted into the Senate version of the government funding bill at the 11th hour.

The provision creates a legal pathway for senators to sue if their phone records are investigated without their notification and seek up to $500,000 in taxpayer dollars for damages.

Rep. Austin Scott, R-Ga., told ABC News the provision was "poorly worded legislation that needs to be addressed and addressed very quickly."

Senate Majority Leader John Thune was personally responsible for adding the text to the bill, sources told ABC News.

Johnson said on X on Wednesday that the House will hold a vote next week on stripping the provision.

-ABC News' Rachel Scott, Arthur Jones and Lauren Peller

The House began debate for the funding bill that would reopen the federal government. It is expected to be voted on later Wednesday night.

In an effort to shore up GOP support for the funding package, Johnson announced on X Wednesday that the House will hold a standalone vote next week on stripping out the Senate phone record provision.

The provision would allow for Senators to sue if their phone records are investigated without their notice.

Many House Republicans are angered over this provision that Senate Majority Leader John Thune added in the funding package at the 11th hour.

Johnson said the measure to strip the provision will be brought up under suspension, requiring a two-thirds majority for passage.

-ABC News' Lauren Peller