Trump Asks Congress To Pass Clean Reauthorization Of FISA Spy Powers

Authored by Joseph Lord and Nathan Worcester via The Epoch Times,

President Donald Trump asked Congress this week to pass a clean reauthorization of a critical—but controversial—spying authority as the U.S. military operation in Iran continues.

“I have called for a clean 18-month extension,” Trump wrote in a post on Truth Social, noting that Senate Majority Leader John Thune (R-S.D.) and House Speaker Mike Johnson (R-La.) are working toward passing such a bill.

Specifically, Trump is asking Congress to extend the authorities in Section 702 of the Foreign Intelligence Surveillance Act (FISA), a sweeping War on Terror-era spying authority that has seen wide abuse by federal intelligence agencies in the past.

Section 702 targets intelligence from foreign nationals thought to be outside the United States. Yet, it also enables intelligence agencies to gather information from Americans who are in contact with targeted non-U.S. persons—all without a warrant. The controversial authority was at the center of National Security Agency whistleblower Edward Snowden’s 2014 disclosures.

Although intelligence officials must obtain a warrant to access Americans’ data, Section 702 has long caused bipartisan discomfort on Capitol Hill and beyond.

Trump noted in the post that he himself had been on the receiving end of what he described as “the worst and most illegal abuse of FISA in our Nation’s History,” referencing disclosures that revealed that the FBI had used Section 702 of FISA to spy on Trump’s 2016 presidential campaign as part of the Crossfire Hurricane operation.

Nevertheless, Trump said, “When used properly, FISA is an effective tool to keep Americans safe.”

“For these reasons, I have called for a clean 18-month extension, HOWEVER, the Critical and Common Sense Reforms that were made in the last Reauthorization of FISA must remain intact to protect the American People from abuses.”

In an extension of the authority passed last year, Congress imposed new training requirements for those with access to the FISA Section 702 database, stricter requirements for justifying queries into the database, requiring high-level approval to query the information of politically-sensitive individuals, and mandatory consequences for willful abuse of the program.

“Since the first day … my Administration has worked tirelessly to ensure these Reforms are being aggressively executed at every level of the Executive Branch to keep Americans safe, while protecting their sacred Civil Liberties guaranteed by our Great Constitution,” Trump wrote.

The president said that permitting the program to continue was crucial in view of the ongoing hostilities with Iran.

“The fact is, whether you like FISA or not, it is extremely important to our Military. I have spoken to many Generals about this, and they consider it vital. Not one said, even tacitly, that they can do without it—especially right now with our brilliant Military Operation in Iran,” Trump wrote.

Bipartisan Skepticism

However, bipartisan doubts about the extensive program remain, despite efforts among supporters of Section 702 to amplify the reductions in abuse brought about in the wake of the reforms.

Reps. Thomas Massie (R-Ky.) and Lauren Boebert (R-Colo.) signaled opposition on March 17 in posts on X. That same day, Rep. Anna Paulina Luna (R-Fla.) endorsed reforms to the law in a conversation with reporters.

Rep. Andy Harris (R-Md.), who chairs the House Freedom Caucus, told reporters on March 18 that 18 months is too long.

“I hope there’s some room for negotiating a couple of smaller reforms into it to show good faith, that they know there are problems,” he said.

Meanwhile, House Judiciary Committee Chair Jim Jordan (R-Ohio)—like Trump, a past critic of FISA—has backed its renewal.

Ahead of a March 18 briefing, he told reporters that the FBI has boosted compliance with Section 702’s querying procedures—guardrails to shield Americans from FISA wiretapping.

A review of FBI Section 702 compliance from the Department of Justice’s Office of the Inspector General identified more than 60,000 noncompliant queries in 2021 alone.

During a March 19 press conference, House Minority Leader Hakeem Jeffries (D-N.Y.) said, “It’s clear that FISA reforms are necessary.”

“Every single Democrat will oppose the rule,” Jeffries said, referring to a procedural step that Johnson could take to advance the extension that would come ahead of a final vote.