Lawmakers Won’t Stop Singing Praises Of Fed’s Favorite Warrantless Spying Tool

Lawmakers continued pushing Wednesday for the reauthorization of a warrantless spying tool that allows the government to spy on Americans’ data.

Senators appeared frustrated over President Donald Trump’s call to delay U.S. Attorney for the Southern District of New York Jay Clayton’s confirmation hearing to be the next director of national intelligence (DNI), repeatedly stating that Trump added more guardrails to getting Section 702 of the Foreign Intelligence Surveillance Act (FISA) passed. Opponents of Section 702 have simply demanded that a warrant requirement be added in exchange for voting to pass it.

Section 702, which expired Friday, allows the government to collect and search American citizens’ data without a warrant if they were in contact with targeted noncitizens located outside of the U.S.

At a Tuesday Senate press gaggle, Senate Majority Leader John Thune called on Clayton to be swiftly confirmed so Section 702 could be reauthorized.

“I hope the will waive that for this and allow us to get this done, because I think that also unlocks the 702 process,” Thune said at the gaggle attended by the Daily Caller News Foundation. “As most of you know, the Foreign Intelligence Surveillance Act 702 program is the most successful tool when it comes to keeping people and this country safe, and we are currently lapsed. And that also is unprecedented. And we are lapsed because the Democrats blocked voting, blocked voted against a bipartisan deal that has bene worked out between members here in the Senate and the House, Democrats and Republicans, and so it is now currently not an authorized program. That needs to be changed, that needs to be fixed quickly.”

Republican Texas Sen. John Cornyn said the chamber must find a way to quickly confirm a new DNI so they could reauthorize Section 702.

“We’ve got to figure some way to untangle all this so we can get Section 702 reauthorized,” Cornyn told reporters, including the DCNF. “As I mentioned before, 60% of the president’s daily intelligence briefing comes through 702 and somehow this got tied to the ODNI. And I think every day that goes by when the president doesn’t have access to this intelligence is dangerous, so I hope we get it sorted out.”

Republican Louisiana Sen. Bill Cassidy also told reporters that Section 702’s reauthorization was necessary. “We need to get FISA reauthorized as soon as possible, and so the president needs to do whatever he can and avoid putting obstacles in the way of getting that done,” Cassidy said. “It is for the good of the country. We need to get that done.”

Clayton was scheduled to appear for his confirmation hearing before the Senate Select Committee on Intelligence Wednesday as the Senate tried to speed up the process to pass Section 702.  Following Trump’s remarks Wednesday, Republican Arkansas Sen. Tom Cotton, the committee chair, postponed the hearing, although he initially planned on going forward with the hearing.

Trump also warned Wednesday he would not support the Section 702 extension unless the Safeguard America Voter Eligibility (SAVE) America Act was attached to it.

“o add a slight bit of intrigue but, for the Good of the Nation, and the People of our Country, I will not approve FISA without THE SAVE AMERICA ACT going along with it,” Trump wrote.

Republican North Carolina Sen. Thom Tillis said Trump made a “mistake” by causing a rift in Clayton’s confirmation process because of Section 702.

“nd now we’re in a posture where it may be the reason 702 doesn’t get reauthorized. That’s a mistake,” Tillis said.

Democratic Pennsylvania Sen. John Fetterman was the only Democrat in the chamber to vote in favor of extending Section 702. The rest of his party voted against its extension in a June 12 procedural vote to protest Trump’s temporary nomination of U.S. Federal Housing Director Bill Pulte to serve as acting DNI.

Seven Republican senators voted against the extension, including Utah Sen. Mike Lee, who stated that a warrant must be required before spying on American citizens.

“FISA 702 reauthorization failed because it did not contain a warrant requirement for spying on Americans. The people who spied on the Trump campaign, Members of Congress, and countless other Americans hate the idea. Come back with warrant requirement, and we’ll pass the bill,” Lee said.

Republican Kentucky Sen. Rand Paul, who also voted against the procedural vote, said Section 702 must be reformed to protect Americans’ Fourth Amendment rights. “Your 4th Amendment rights matter. Reform FISA,” Paul said.

The House also failed to temporarily extend Section 702 until July 2 on Thursday. Speaker Mike Johnson said the opposition to Section 702 jeopardized “the safety and the security of the American people.”

“That is what the current Democrat party stands for,” Johnson said at a Thursday gaggle attended by the DCNF. “They are willing to jeopardize the safety and the security of the American people to make a cheap political point … Their excuse is that they’re upset about a very temporary appointment that the President of the United States has already said will be very temporary, while he searches for and selects a new director of national intelligence, that is an important process, it takes some time, thought, and deliberation.”

“It is detestable, it is dangerous, it is going to jeopardize the safety and security of people,” Johnson continued.

Republican Pennsylvania Rep. Brian Fitzpatrick called Section 702 “the single most important 9/11 commission recommendation” and warned that it going dark “was foolishness.” In April, Democratic Connecticut Rep. Jim Himes called Section 702 “our country’s most important and irreplaceable foreign intelligence collection tool.”

Nineteen House Republicans voted against its extension, including Tennessee Rep. Tim Burchett and Kentucky Rep. Thomas Massie. These congressmen also voted against it because they believed a warrant should be put in place.

“I’ve always voted ‘no’ on that thing. The Fourth Amendment is there for a reason,” Burchett said.

Republican Texas Rep. Keith Self called on Section 702 to be reformed to prevent “warrantless surveillance of Americans.”

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