Topline
Former President Trump urged Congress to tank reauthorization of Section 702 of the Foreign Intelligence Surveillance Act ahead of an expected House vote on the legislation this week—as President Joe Biden urges lawmakers to move forward with the bill, while right-wing members are calling for stricter surveillance controls.
Key Facts
“KILL FISA,” Trump wrote on Truth Social Wednesday, alleging the law “was illegally used against” him to spy on his campaign.
Trump gave the directive as the House is set to vote as soon as Wednesday to advance the bill, which would extend intelligence officials’ ability to monitor the communications of foreigners and U.S. citizens overseas using an FBI database under FISA Section 702.
The FBI improperly obtained two of four warrants used to surveil former Trump campaign associate Carter Page in its investigation of his campaign’s links to Russia, the Justice Department determined in 2020, citing misrepresentations on the warrant applications submitted to the FISA court—but the warrants were obtained under a different section of FISA, Title I, that is not up for reauthorization.
The latest version of the House bill related to Section 702 includes multiple oversight reforms designed to tamp down on abuse among intelligence officials, namely regarding the surveillance of U.S. citizens abroad, including requiring sign-off from an FBI supervisor or staff attorney to query a U.S. citizen in the database.
But Trump’s right-wing allies in Congress, along with some progressives, are calling for the new provisions to go a step further and include a warrant requirement to surveil U.S. citizens abroad, with some arguing that it protects Americans’ civil liberties—a measure the Biden Administration has said would hamstring intelligence officials.
Key Background
Congress in December extended Section 702 until April 19 after multiple attempts to pass the legislation failed amid debate over the warrant requirement. The House Rules Committee is expected to vote as soon as Wednesday whether to advance the bill, setting the stage for debate on the House floor surrounding amendments, including the warrant requirement. House Speaker Mike Johnson has urged the House to vote in favor of the latest proposal, warning that if the House fails to act, the Senate would be likely to pass another extension of the existing legislation, potentially forcing the House to also sign off with little time to negotiate a new agreement.
What To Watch For
House Speaker Mike Johnson’s support for the latest version of FISA Section 702 is among a string of grievances Rep. Marjorie Taylor Greene, R-Ga. is citing in her threat to remove him as speaker. “The Leader of the Republican Party just told the truth about the FISA bill that Speaker Johnson is bringing to the floor,” Greene tweeted Wednesday, citing Trump’s statement on Truth Social. “Johnson already fully funded the DOJ that wants a death sentence for Trump, is he going to continue to give the deep state the tools to kill Trump?” Greene introduced a motion last month to remove Johnson, but she did not impose a timeline for voting on the bill.
Further Reading
House Republicans Confront Fight Over FISA Reauthorization (CNN)
Johnson Tees Off Latest Surveillance Fight With A Warning (Politico)
House To Take Up Bill To Reauthorize Crucial US Spy Program As Expiration Date Looms (Associated Press)
