Thanks to opposition from inside his own party, House Speaker Mike Johnson, R-La., was forced to delay a vote on President Donald Trump\u2019s request to extend a major domestic spying law \u2014 but Democrats could ride to the rescue.<\/p>\n
Johnson decided to delay a vote on the Foreign Intelligence Surveillance Act that had been scheduled for this week, Politico reported<\/a> Friday. The move gives critics of the law more time to push for reforms, including a requirement that\u00a0federal agents get a warrant before searching for information on Americans.<\/p>\n If the bill ultimately advances to the House floor, however, some top Democrats \u2014 including the ranking member of the House Intelligence Committee, Rep. Jim Himes of Connecticut \u2014 are already lobbying colleagues to vote for Trump\u2019s request. Others, including members of the Congressional Progressive Caucus, are pushing back.<\/p>\n Advocates say Democrats have a rare chance to push through added safeguards. If they want to.<\/p>\n The internal debate among both Democrats and Republicans is a rerun of a clash two years ago over FISA \u2014 only this time, Trump\u2019s reelection<\/a> and the war on Iran have raised the stakes. The spying law expires next month<\/a>.<\/p>\n With Republicans split, advocates say Democrats have a rare chance to push through added safeguards.<\/p>\n If they want to.<\/p>\n Figures from the Democratic establishment have often been ambivalent or openly hostile to reforming the law, one of the most controversial pieces<\/a> of post-9\/11 legislation and a focus of Edward Snowden\u2019s disclosures<\/a>.<\/p>\n \u201cEvidence of Misuse\u201d?<\/p>\n Johnson initially seemed poised to push through a vote on the law this week \u2014 but reports emerged last Friday that he had delayed the vote until the middle of April. That delay came in the face of skepticism about extending FISA without reforms from hard-liners in Johnson\u2019s own party, such House Freedom Caucus Chair Andy Harris, R-Md.<\/p>\n Section 702 of FISA allows employees of the FBI<\/a> and other agencies to search for information on U.S. citizens and residents among spy data that is collected abroad.<\/p>\n Congress has passed a series of partial reforms<\/a> intended to curb widespread abuses of the law by the FBI. During fiery debate over the law in 2024, Johnson managed to narrowly get the bill through the House by agreeing to a two-year extension.<\/p>\n He also teamed up with then-President Joe Biden to pressure members to defeat by a single vote<\/a> reformers\u2019 most highly sought-after amendment, a provision that would have forced federal agents to go to a judge before searching for information about Americans.<\/p>\n The vote this year is shaping up to be as much of a nail-biter, and it appears that Johnson may need Democrats to lend an assist. Rep. Thomas Massie, R-Ky., says that he will vote against extending the law without reforms, which means that Johnson can only afford to lose one other GOP member.<\/p>\n Himes, who is leading the push to get Democrats to pass a \u201cclean\u201d renewal of Section 702, said in a letter to his party colleagues last week that he understood why they might<\/a> have concerns<\/a> about the Trump administration having access to that powerful spying tool. Still, he urged them to vote for reauthorization if the bill makes it to a final floor vote.<\/p>\n \u201cIf I saw any evidence that Trump administration officials were directing the intelligence community to use Section 702 for illegal or improper purposes, such as to persecute, surveil, or harass Americans,\u201d he said, \u201cI would urge a \u2018no\u2019 vote on reauthorization, even though I recognize the program\u2019s unparalleled national security value. I have not seen evidence of misuse, despite being on the lookout for any hint of it.\u201d<\/p>\n One House staffer who asked for anonymity to speak freely said they were surprised that Himes has not pushed for concessions from Johnson \u2014 on FISA or other legislation \u2014 in exchange for Democratic support.<\/p>\n That support could be especially crucial if Johnson struggles to pass a procedural vehicle, known as a rule, to get the bill onto the House floor for a final vote.<\/p>\n House Minority Leader Hakeem Jeffries, D-N.Y., said<\/a> during a press conference last Thursday that his entire caucus would oppose proceeding to a vote under a rule, which is standard practice for the opposition party in the House.<\/p>\n \u201cJim Himes is emerging as arguably the most important actor in this fight.\u201d<\/p>\n Jeffries left open the possibility, however, that Democrats could freely cross party lines to support bringing the bill to the floor under a suspension of the rules, which would require support from a two-thirds majority of House members.<\/p>\n \u201cJim Himes is emerging as arguably the most important actor in this fight,\u201d said Sean Vitka, executive director of the left-leaning group Demand Progress, which supports further reforms<\/a> to FISA. \u201cThe most significant question at the moment is: Will he be able to marshal enough Democrats to go with his play? And that ultimately is a question of whether or not members of Congress think people are looking.\u201d<\/p>\n \u201cTimes Have Changed\u201d<\/p>\n On the opposite side of the debate from Himes, House Judiciary Committee Ranking Member Jamie Raskin, D-Md., sent a letter to Democrats Thursday urging them to oppose a \u201cclean\u201d reauthorization of the surveillance bill.<\/p>\n Under pressure from the Biden administration and to the disappointment of privacy advocates, Raskin voted in favor of the legislation two years ago. He said in his letter this week that \u201ctimes have changed.\u201d<\/p>\n \u201cThe safeguards put in place in 2024 have been badly eroded by the Trump Administration,\u201d he wrote. \u201cThe \u2018clean\u2019 extension favored by President Trump and Stephen Miller leaves the Trump Administration in charge of policing its own abuses of this authority \u2014 and what could go wrong with that?\u201d<\/p>\n Raskin did not directly condition support for the bill on adding a warrant requirement<\/a>, the longtime holy grail of privacy advocates.<\/p>\n In a letter<\/a> Thursday, more than 90 civil rights and progressive groups including the American Civil Liberties Union, Demand Progress, and Indivisible called on Congress to require the government to obtain a warrant before searching for communications about Americans.<\/p>\n They also highlighted a relatively new issue: the data-broker loophole. Under current law, intelligence and law enforcement agencies have been able to skirt civil liberties protections by buying information<\/a> from data brokers<\/a> that could include location data<\/a>, search histories, and transaction records<\/a> of Americans.<\/p>\n FBI Director Kash Patel testified<\/a> during a Senate hearing Wednesday that the agency was gleaning \u201cvaluable intelligence\u201d from such data.<\/p>\n Advocates hope that in addition to a warrant requirement, Democrats could use their leverage in the surveillance bill debate to close the data-broker loophole.<\/p>\n We\u2019re independent of corporate interests \u2014 and powered by members. Join us. <\/p>\n Join Our Newsletter <\/p>\n Thank You For Joining! <\/p>\n \n Original reporting. Fearless journalism. Delivered to you. <\/p>\n Will you take the next step to support our independent journalism by becoming a member of The Intercept?\n <\/p>\n By signing up, I agree to receive emails from The Intercept and to the Privacy Policy<\/a> and Terms of Use<\/a>.<\/p>\n Dems in Disarray<\/p>\n Some Democrats who helped doom a warrant requirement last time have yet to signal how they will vote this time around.<\/p>\n Rep. Dan Goldman, D-N.Y., gave a passionate defense<\/a> of the domestic spying bill on the House floor in 2024. His primary opponent, former New York City Comptroller Brad Lander, has already attacked him over the issue.<\/a><\/p>\n Patel and CIA Director John Ratcliffe gave a closed briefing to House members about the law on Wednesday. Speaking to The Intercept after that meeting, Goldman said he was still deciding whether to support a clean reauthorization.<\/p>\n \u201cFrom my perspective, I\u2019m going to need more data and information and need to have some way of verifying the information that they are providing, because I have no faith that this administration is doing anything by the law,\u201d Goldman said.<\/p>\n Another Democrat who voted against a warrant requirement in 2024 and now faces a primary challenge from the left<\/a>, Rep. Steve Cohen, D-Tenn., said he also has yet to decide.<\/p>\n \u201cThere are threats to the country, and then there are threats for the country from this administration,\u201d Cohen said. \u201cIt\u2019s kind of a balancing act.\u201d<\/p>\n \u201cFake\u201d Deadline<\/p>\n Advocates pushing for added reforms would have to guide them through both the House and Senate before the April 20 expiration of the current law.<\/p>\n The ongoing conflict with Iran is adding to the pressure, with Trump\u2019s supporters arguing that it makes passage of a \u201cclean\u201d reauthorization more important.<\/p>\n
\n Become a member
\n <\/a><\/p>\n
\n Become a member
\n <\/a><\/p>\n