House Republican leaders pushed a vote on extending FISA warrantless surveillance to April after many Republicans spoke up against it.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires on April 20. It allows the government to spy on a foreign national suspected of having ties to terrorism.
The government can spy on a foreign national even if an American citizen is on the other end of the communications without a warrant (emphasis mine):
Although the law requires the government to direct this surveillance at people outside the United States, in practice, it routinely ensnares Americans. Section 702 allows the government to target any foreigner abroad for warrantless surveillance to obtain “foreign intelligence information.” The government’s targets need not have any connection to criminal activity or terrorism; they can be journalists, human rights workers, or businesspeople communicating about the “foreign affairs” of the United States. In the course of this surveillance, the government vacuums up—without a warrant—the communications of countless Americans who have texted, called, messaged, or emailed any one of hundreds of thousands of foreign targets.
Speaker of the House Mike Johnson has a thin majority.
More than likely, the measure will pass because we all know members of Congress can be bought.
While the measure is described as “clean,” we know the leaders could promise to add pet projects to other bills.
(Anyone else tired of the words clean and clear? I know I am!)
But the extension has to pass the “rule vote” to make it to a vote:
A “rule vote” is effectively a test vote which, if successful, allows lawmakers to debate and then weigh a given measure. But rule votes traditionally fall along partisan lines, meaning the speaker will only be able to lose one GOP vote to still advance the Section 702 reauthorization without support from Democrats.At least two House Republicans, Reps. Lauren Boebert, R-Colo., and Anna Paulina Luna, R-Fla., are already threatening to vote against the rule. Both are leveraging their support on Senate passage of the SAVE America Act, an unrelated Trump-backed election integrity measure.
Congress made changes to FISA in 2024, but a few believe the changes did not go far enough.
Republican Reps. Chip Roy (TX), Keith Self (TX), Warren Davidson (OH), and Andy Ogles (TN) want major reforms to ensure that Americans don’t end up in the process:
“They’re going to have to allow amendments, because there is a lot of appetite for reform,” Davidson said, adding that he would oppose the bill if it goes unchanged.“There are indications that the warrantless approach is still not working,” added Self in an interview this week.
Johnson disagrees with Self: “Last time it was up for reauthorization, we instituted 56 substantive reforms to FISA. By every measure and review, those are working just as we planned. We’ve not had the abuses that were happening before those reforms.”
Whatever. I don’t believe you.
Lawmakers have been using the conflicts in the Middle East to justify extending FISA.
Rep. Jim Jordan (R-OH) opposed the extension in 2024, but will happily vote for it this year: “It’s a whole different context today — 2026, not 2024. And you know, we got something like 56 reforms in the legislation last year, and they’ve made a huge difference. I think it’s a completely different framework.”
Benjamin Franklin: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
Yeah, the only proper change would be to end FISA Section 207.
Surveilling any American citizen without a warrant violates the Fourth Amendment.
The Supreme Court refuses to hear all cases related to FISA. The justices know that it violates the Fourth Amendment.
What a bunch of wimps.
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