Speaker Mike Johnson faced strong opposition from Republicans on Wednesday to his attempt to expand a warrantless surveillance law that national security officials say is crucial to their efforts to combat terrorism, after former President Donald J. Trump urged lawmakers to do so to abolish the law.
Republican leaders said they would use a midday vote to advance the bill, which would expand and make minor changes to a section of the Foreign Intelligence Surveillance Act known as Section 702. But the measure’s fate was very much in doubt after Mr. Trump’s statement, which gave a strong voice of opposition to an already sizable group of right-wing lawmakers calling for a broader overhaul that would sharply limit the government’s spying powers.
Aides said it was possible Republicans would withdraw the bill if they failed to quell the brewing revolt.
Democrats were not expected to vote to advance the measure – among other things, Republicans bundled it with an unrelated resolution condemning President Biden’s border policies – so just three Republican defections would be enough to pass the measure step to thwart. At least one far-right member, Rep. Matt Gaetz of Florida, has already pledged to try to rein it in.
To fuel opposition, Mr. Trump posted on social media overnight: “KILL FISA, IT HAS BEEN ILLEGALLY USED AGAINST ME AND MANY OTHERS. THEY SPY ON MY CAMPAIGN!!!”
The statement was largely incoherent for political reasons. Section 702 allows the government to conduct targeted surveillance of foreign nationals abroad without a warrant. The case Mr. Trump was apparently referring to — when the FBI obtained a wiretap warrant on a former campaign adviser to his 2016 campaign as part of an investigation into Russian interference — involved a different section of FISA that targeted Americans and people on domestic soil for security requests.
But from a political perspective, Mr. Trump’s attack on the measure only underscored his ongoing grievances about that investigation and his disdain for national security agencies, which he often denigrates as an evil “deep state.” And it resonated widely with his far-right allies on Capitol Hill, who see blocking the expansion of the law — which administration officials say is critical to their foreign intelligence and counterterrorism work — as a way to inflict pain on an intelligence community they are seen as to inflict an enemy.
Section 702 expires April 19. However, the program can continue until April 2025 as the FISA court last week approved a request from the government authorizing it for another year. Under the law, surveillance activity can continue as long as there are active court orders allowing it, even if the underlying law expires in the meantime.
Mr. Trump’s intervention was reminiscent of a similar episode in early 2018, when he sparked uproar with a last-minute social media broadside against FISA, just as House Republicans were struggling to muster enough support to extend Section 702 before it expires to obtain administration, a move he supported. Hours later, after lobbying by Speaker Paul D. Ryan, Mr. Trump retracted the statement in another social media post and the bill passed.
Mr. Johnson, who previously opposed the upcoming legislation and favored a broader overhaul, now says the bill contains “the most significant intelligence reforms since the original passage of FISA in 1978.”
But Mr. Gaetz said he and others would not allow it to move forward.
“I don’t think we should move forward with this bill until we have a better understanding of how to comply with the Constitution,” Mr. Gaetz said, adding: “I don’t think the rule will pass.”
Rep. Anna Paulina Luna, Republican of Florida, echoed that sentiment in a social media post Wednesday morning, writing, “We are killing FISA,” and predicting that the measure could not pass in its current form.
It’s about a debate that has shaken Congress for months. Section 702 gives the government the authority to collect the messages of non-citizens abroad without authorization, even if the targets are communicating with Americans.
As a result, the government sometimes collects private messages from Americans without authorization. While there are restrictions on the search and use of these messages, the FBI has repeatedly violated these restrictions in recent years – including improperly requesting information about Black Lives Matter protesters and people suspected of participating in the Participating in the Capitol riots on January 6, 2021.
Since then, the FBI has tightened its system to reduce the risk of requests that violate standards. The bill in question would codify these changes and add reporting requirements. It would also limit the number of officials who have access to the raw archive of information collected.
But reformers — including both progressive Democrats and libertarian-leaning Republicans — want to add a requirement that officials obtain a search warrant before questioning the content of Americans’ communications. Under the rules set to be voted on Wednesday, critics led by Rep. Jim Jordan, Republican of Ohio and chairman of the Judiciary Committee, would have the opportunity to try to add that requirement to the bill.
National security officials argue that this would cripple the program. Senior lawmakers on the House national security committees, including Representative Michael R. Turner, Republican of Ohio and chairman of the Intelligence Committee, and Jim Himes of Connecticut, its top Democrat, have also pushed back against such changes and support the more modest adjustments in the bill .
But a handful of Republicans are in favor of phasing out Section 702 entirely — including Mr. Gaetz.
“I am incredibly disappointed that the views that Speaker Johnson deeply held for seven years when he sat next to me on the House Judiciary Committee have taken a 180-degree turn,” Mr. Gaetz said. “Mike Johnson made the case against FISA and its abuses better than I did on the House Judiciary Committee. And that’s something I don’t agree with at all.”
In a letter to his fellow Republicans, Mr. Johnson laid out his reasons for pushing for the extension.
“FISA and Section 702 have been critical to intercepting the communications of dangerous foreign actors abroad, understanding the threats to our country, countering our adversaries, and saving countless American lives,” Johnson wrote.
“However, as a former constitutional litigator and chairman of the House Judiciary Constitutional Subcommittee,” he added, “I can state unequivocally that the FBI has horribly abused the FISA powers in recent years, thereby violating trust and confidence. “ of the American people. Our responsibility now is simple: keep the tool, but strictly prohibit future misuse.”
Catie Edmondson contributed reporting.
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2024-04-10 17:27:56
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