Rep. Mike Johnson Tries, Fails To Sneak Clean Section 702 Re-Authorization Past The Goal Line
Despite a bunch of Republican lawmakers being extremely (and mostly performatively) upset that their communications were accessed during investigations of the January 2021 insurrection attempt, the current version of the Trump administration seems to prefer a clean re-authorization of the surveillance powers it so recently deemed a dangerous part of the “deep state.”
The FISA court recently blessed an extension of this NSA collection, provided the government fixed the most problematic parts of it — that being other IC agencies’ warrantless access to US persons’ communications via “backdoor” searches of the foreign-facing surveillance dragnet.
Trump was having none of this, pressing the GOP to simply give the administration an un-reformed, un-repaired Section 702 that would presumably allow it to engage in the same abuses it was crying about less than a half-decade ago.
Fortunately for every American only allowed to vote by proxy every two-to-four years for surveillance reform, there is still no clean re-authorization on the books. The senator whose name is synonymous with surveillance reform — Ron Wyden — recently had this to say in his Bluesky post:
Update on where things stand on FISA: this deal is a win. We got the House to back down from an 18 month extension, buying us time to negotiate on real reforms. I’ll be fighting like hell for reforms that put your privacy first, and will have more to share soon.
Not that congressional majority leader Mike Johnson wasn’t trying his damnedest to round up GOP support for a clean renewal that would give Trump what he wanted, and very little of what the GOP actually wanted, given its years of complaining about the FBI’s warrantless access to their communications.
Johnson apparently decided he could slip this one past the goal line by holding a couple of quick votes as time ran out on the current congressional session. Here’s James Baratta with the details for The American Prospect:
Johnson’s dazzling play to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) by five years ended in an excruciating defeat, as the bill failed after 20 Republicans joined Democrats in striking it down. One major reason it lost was that the warrant language baked into that measure not only would have codified existing law, but also would have made it easier for Section 702–acquired data to be used against Americans in criminal proceedings.
The 200-220 vote was called at 1:22 early Friday morning.
Baratta’s report refers to this as an “eleventh hour” burst of activity, but it’s actually well past that hour. We’re looking at 13th to 14th hour desperation here, especially since Johnson went back to the well again shortly after this first defeat.
The other shoe dropped during the vote on a rule to consider a clean 18-month extension of Section 702. That rule also failed at 2:07 a.m. in a 197-228 vote.
Given that the average congressional rep is pushing 58, both votes occurred well after bedtime. It’s a testimony to the resistance to clean re-authorization of Section 702 powers that these many reps were still on the floor to shut down Mike Johnson twice.
It also shows that Mike Johnson isn’t actually leading the Republican party. He’s restricted to doing whatever Trump wants, even if that clashes with what many party members want. To get skunked twice in two hours is embarrassing, which means Johnson may not remain majority leader for long, even if Democrats can’t flip the House following the mid-terms.
The good news is this: Congress only has until the end of this month to get a re-authorization passed. If it hopes to prevent this surveillance power from lapsing, Johnson and his fellow surveillance hawks are going to have to make some concessions, which may (finally!) include warrant requirements for searches of US persons’ communications by IC agencies with access to NSA collections.
On the other hand, when push comes to shove, far too many Republicans are willing to be Trump’s doormat and argue against their own interests, along with the interests of the constituents. But this is the most concerted challenge to Section 702 mounted yet. Even the Snowden leaks didn’t manage to get this done. But even if reforms are finally put in place, the public should remember GOP lawmakers did this because they want to shield themselves from domestic surveillance. That it might better protect their constituents is just an unavoidable side effect of their self-interest.