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Numerous House Republicans Band with Democrats to Block Trump's Desired FISA Extension

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President Donald Trump pleaded with House Republicans this week to extend a section of the Foreign Intelligence Surveillance Act.

In the wee hours of Friday morning, a dozen GOP members voted with Democrats to reject the president’s plea.

According to The Hill, 12 Republicans joined with nearly all Democrats to defeat a deal — hammered out behind closed doors — that would have extended the federal government’s warrantless surveillance powers for another five years.

Then, moments later, a procedural vote to advance an 18-month reauthorization of FISA Section 702 also failed when 20 Republicans joined with all but four Democrats to defeat it.

In the end, the House voted by unanimous consent to extend by 10 days the deadline for reauthorizing the program. That vote, which took place shortly after 2 a.m., prevented the program’s authorization from expiring on Monday. Instead — assuming the Senate agrees to the extension on Friday — Congress will now have until April 30 to reauthorize.

FISA Section 702 allows the intelligence community to spy on foreigners outside the United States without securing a warrant for the specific target and “with the compelled assistance of electronic communication service providers,” according to the Office of the Director of National Intelligence.

As ODNI admitted, however, “it is possible that a foreign person who has been targeted under Section 702 may communicate with, or discuss information concerning, a U.S. person.”

Civil libertarians, therefore, regard FISA 702 as a violation of the Fourth Amendment, which prohibits “unreasonable searches and seizures.”

“[N]o Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,” the amendment states.

Under FISA 702, however, the intelligence agencies enjoy blanket authorization, constrained by some mitigation procedures, to conduct warrantless searches.

According to the liberal website Punchbowl News, the “eclectic mix” of Republicans voting against the five-year reauthorization included Rep. Thomas Massie of Kentucky.

In an early morning interview with independent journalist Nick Sortor outside the Capitol, posted to the social media platform X, Massie, joined by Republican Reps. Lauren Boebert of Colorado and Tim Burchett of Tennessee, declared the vote a victory over the “deep state.”

Related:
Trump Pushes Skeptical House Republicans to Pass FISA Extension: 'It Is Extremely Important to Our Military'

“If you get on the government’s naughty list, regardless of who is in the White House, they could put your name in this, find things about you, and then go recreate another evidence trail to discover that, because they’re never going to say they used FISA,” Massie explained when Sortor asked how FISA 702 affects ordinary Americans.

WARNING: the following video contains profanity

On the other hand, according to Punchbowl News, the list of Republicans who voted against the five-year reauthorization featured current and former members of the House Permanent Select Committee on Intelligence, which generally shows deference to the IC. Those members included Brian Fitzpatrick and Scott Perry of Pennsylvania, as well as former chairman Mike Turner of Ohio.

Among other things, Punchbowl News reported, the GOP’s five-year extension “would’ve strengthened criminal penalties for misuse of the program” while providing “enhanced congressional access to the FISA courts,” to which hardliners in the intelligence community undoubtedly objected.

Whatever their motives, Republican legislators who voted against FISA 702 reauthorization did so in defiance of Trump.

“I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!” the president wrote Wednesday on his social media platform Truth Social.

“Our Military Patriots desperately need FISA 702,” he added, crediting it for America’s “tremendous SUCCESS on the battlefield.”

Meanwhile, House Speaker Mike Johnson touted the 10-day extension as part of the process.

“We were very close tonight,” Johnson said, according to The Hill. “There’s some nuances with the language and some questions that need to be answered, and we’ll get it done. The extension allows us the time to do that.”

The speaker characterized FISA 702 as a “critical national security tool” and the reauthorization a “very complicated piece of legislation.”

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Michael Schwarz holds a Ph.D. in History and has taught at multiple colleges and universities. He has published one book and numerous essays on Thomas Jefferson, James Madison, and the Early U.S. Republic. He loves dogs, baseball, and freedom. After meandering spiritually through most of early adulthood, he has rediscovered his faith in midlife and is eager to continue learning about it from the great Christian thinkers.
Michael Schwarz holds a Ph.D. in History and has taught at multiple colleges and universities. He has published one book and numerous essays on Thomas Jefferson, James Madison, and the Early U.S. Republic. He loves dogs, baseball, and freedom. After meandering spiritually through most of early adulthood, he has rediscovered his faith in midlife and is eager to continue learning about it from the great Christian thinkers.




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