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House Speaker Mike Johnson said Wednesday that the warrantless surveillance law, which national security officials say is essential to the fight against terrorism, came after former President Donald J. Trump urged lawmakers to repeal the bill. faced opposition from Republicans who sought to extend the term.
Republican leaders said they plan to rush to a noon vote on a bill that would extend Section 702 of the Foreign Intelligence Surveillance Act and make modest changes. But the fate of the measure comes as Trump’s statement added strong opposition to a sizable caucus of right-wing lawmakers calling for a more sweeping overhaul that would sharply limit the government’s spying powers. became very suspicious. .
Aides said the bill could be withdrawn if Republicans fail to quell the emerging rebellion.
No Democrats are expected to vote to advance the bill, especially since Republicans have bundled it with unrelated resolutions condemning President Biden’s border policies, with just three Republicans in Congress. Defection alone would be enough to block this bill. At least one far-right lawmaker, Rep. Matt Gaetz of Florida, has already vowed to reverse the situation.
Inciting his opponents, Trump posted on social media overnight: “Kill FISA. It was used illegally against me and many others. Kill FISA.” They spied on my campaign!!!”
This statement was almost incoherent as a policy. Section 702 allows the government to subject foreign nationals to surveillance without a warrant. The example Mr. Trump was likely referring to was when the FBI obtained a wiretap order for a former Trump campaign adviser in 2016 as part of the Russia interference investigation, which could have compromised Americans and people within the country. It was about a different section of FISA that was targeted. Security inquiries.
But as a political matter, Mr. Trump’s attacks on the bill only underscored his lingering dissatisfaction with the investigation and his disdain for the national security apparatus, which Mr. Trump often despises as the sinister “deep state.” Ta. And it resonated with his far-right allies on Capitol Hill. Officials say they see blocking the law’s extension as a way to inflict pain on intelligence agencies they consider critical to foreign intelligence and counterterrorism operations. ing. It’s the enemy.
Section 702 is set to expire on April 19, but the FISA court granted the government’s request last week, authorizing the program for another year, allowing the program to continue through April 2025, according to people familiar with the situation. He says it can be done. Under this law, surveillance activities can continue as long as there is a valid court order authorizing the surveillance activities, even if the underlying statute has expired in the meantime.
Trump’s intervention was reminiscent of a similar episode in early 2018. That time, just as House Republicans were desperately trying to secure enough support to extend Section 702 before it expires, he sparked a last-minute turmoil on social media opposing FISA. Trump supported the move. management. Hours later, after lobbying by House Speaker Paul D. Ryan, Trump retracted his statement in another social media post, and the bill passed.
Johnson, who had previously opposed the pending bill and favored a more fundamental overhaul, now says the bill “contains the most significant intelligence reform since FISA was enacted in 1978.” ”
But Gates said he and others would not allow it to go ahead.
“I don’t think we should move forward with this bill until we have a better understanding of how to comply with the Constitution,” Gaetz said, adding, “I don’t think this rule will pass.”
Rep. Anna Paulina Luna, R-Florida, echoed similar sentiments in a social media post Wednesday morning, writing, “We are killing FISA,” and predicting the bill will not pass in its current form. did.
At issue is a debate that has roiled Congress for months. Under Section 702, the government is authorized to collect the messages of noncitizens abroad without a warrant, even if the subject is communicating with a U.S. citizen.
As a result, the government may collect Americans’ private messages without a warrant. Although there are restrictions on the search and use of these messages, the FBI has in recent years improperly disclosed information about Black Lives Matter protesters and people suspected of participating in the January 6, 2021, Capitol riot. Repeatedly violates that restriction, such as by making inquiries. .
Since then, the FBI has strengthened its systems to reduce the risk of questions that violate its standards, and the bill in question would codify those changes and add reporting requirements. It would also limit the number of officials who have access to the raw repository of collected information.
But reformers, including both progressive Democrats and liberal-leaning Republicans, want to add a requirement that officials must obtain a warrant before questioning Americans’ communications. . Under the rules to be voted on Wednesday, critics led by Rep. Jim Jordan, Republican of Ohio and chairman of the Judiciary Committee, will have the opportunity to add that requirement to the bill.
National security officials argue that doing so would cripple the program. Senior members of the House National Security Committee, including Rep. Michael R. Turner, R-Ohio and chairman of the Intelligence Committee, and Rep. Jim Himes of Connecticut, the top Democrat, have also resisted these changes and I support modest adjustments. in the bill.
But several Republicans, Gaetz among them, are in favor of allowing Section 702 to expire completely.
“I’m very disappointed that Chairman Johnson has made a 180-degree turn from my deeply held views over the seven years he sat next to me on the House Judiciary Committee,” Gaetz said. “Mike Johnson made a better case for FISA and its abuses than I did on the House Judiciary Committee, and I strongly disagree with this.”
In a letter to his fellow Republicans, Mr. Johnson explained his reasons for pushing for an extension.
“FISA and Section 702 were essential to intercepting the communications of dangerous foreign actors overseas, understanding threats to our nation, countering our adversaries, and saving countless American lives.” wrote Johnson.
“However, as a former constitutional litigator and chairman of the House Judiciary’s Constitutional Subcommittee, I can say unequivocally that the FBI has grossly abused its FISA powers in recent years and, in turn, violated its trust and confidence.” Ta. of the American people. Our current responsibility is simple. The idea is to preserve the tools and strictly prohibit future abuse. ”
katie edmondson Contributed to the report.
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