This week: FISA fight comes to a head
Published in Political News
WASHINGTON — Republicans in Congress face two major tasks this week: wrapping up reconciliation 2.0 and renewing a controversial spy powers authority before it expires Friday.
The House returns with a final sprint to clear roughly $70 billion for immigration enforcement through President Donald Trump’s term, which GOP leaders are hoping to finish in the first half of the week.
The Senate passed the reconciliation package early Friday after voting down a number of amendments aimed at limiting a Justice Department “anti-weaponization” fund, which critics call a White House “slush fund.” Speaker Mike Johnson, R-La., is expecting a straightforward vote — that is, if he can get members to show up.
Attendance has been an issue for both parties due to midterm primary elections. On Tuesday, voters in Maine, Nevada, North Dakota and South Carolina will head to the polls, which complicates the schedule.
With such a tight margin, Johnson can only afford to lose a few GOP votes, empowering firebrands in the party to hold out on big partisan bills in an effort to extract promises on other policy priorities.
FISA frustrations
But the biggest frustrations of the week will likely come as lawmakers figure out what to do about Section 702 of the Foreign Intelligence Surveillance Act before Friday’s expiration. Complicating the fight is Trump’s insistence on appointing Bill Pulte to be the acting director of national intelligence.
Last week, the Senate failed to move ahead on a long-term reauthorization of the key surveillance power in a 47-52 vote. Democrats have raised concerns over Pulte’s lack of intelligence experience, as well as his past referrals of some of Trump’s perceived foes to the Department of Justice for mortgage fraud allegations as head of the Federal Housing Finance Agency.
Trump has said Pulte wouldn’t be in the DNI role permanently but “wouldn’t mind” if he shrinks the office along the way.
Last week’s delay has complicated the possibility of achieving a long-term extension, and privacy hawks are calling for further changes beyond those in the bipartisan deal unveiled at the beginning of last week.
“Bill Pulte’s appointment as acting Director of National Intelligence is a symptom of the larger problem: Warrantless FISA surveillance depends on a handful of government officials to choose not to misuse the most powerful spying apparatus the world has ever seen,” Sen. Ron Wyden, D-Ore., said in a statement. “Firing Pulte won’t solve the real problem. Americans are demanding real protections written into the law, not promises that the next guy will be trustworthy.
Senate Majority Leader John Thune, R-S.D., said a short-term extension of FISA is “obviously (something) that the administration will have to consider.”
“I just think that would be a dangerous mistake for the country,” he said of the program going dark. “Hopefully responsible folks will come to the table and help us at least figure this out, but there are a ton of reforms in there. I mean, this was a bipartisan, bicameral, four corners deal that everybody had pretty much signed off on, and the naming of Pulte of that position, although the timing arguably wasn’t the best, I still don’t think it ought to derail something that’s this important. I just don’t.”
A Senate Republican leadership aide said the Senate is keeping all options on the table, but they are looking to Mark Warner to “convince his members to come along and vote for the bill that he negotiated.”
It’s not clear where Johnson falls on a short-term fix yet, although he continues to push for a long-term solution. A House leadership aide said they’re waiting to see what — or if — the Senate can pass in the way of an extension.
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