Why right-wing Republicans are blocking the reauthorization of FISA

Geoff Bennett:

Republican infighting continues on Capitol Hill, as House Speaker Mike Johnson tries to rally his conference into passing a consequential intelligence bill before the weekend.

A faction of House Republicans have blocked the reauthorization of the Foreign Intelligence Surveillance Act, known as FISA. That's a federal law that allows intelligence officials to spy on communications of foreign nationals.

Let's bring in our congressional correspondent, Lisa Desjardins.

It's always great to see you.

So, where do things stand with this major intelligence program?

Lisa Desjardins:

This is a major program.

In fact, our intelligence agencies say this is one of the things that keeps Americans most safe, and it expires just over a week from tonight. Last night, 19 Republicans, as you said, blocked a version of this, and there have been talks back and forth all day. I have been on and off my phone trying to figure out what's going on.

I can report that there is a sort of gentleman's agreement to move forward, to have a do-over. That process would need to start tonight, but it is tonight.

Geoff Bennett:

Right.

Lisa Desjardins:

And they haven't actually begun yet. We will have to keep close tabs on this. There could be a vote on a new bill tomorrow.

But I want to remind people, as you said, what exactly this bill is, why we're talking about it. Section 702 is something that allows intelligence agencies to collect the communications of non-American suspects overseas.

Now, this must be approved each time by a FISA court. Now, as they do this, if they also encounter communications with Americans, they can use those communications. The FBI does use them. So there isn't technically a warrant for those communications, and that is the problem that some of these members have.

They think that this is something that is unfettered, and we know that there have been hundreds of thousands of times that this has been used for Americans.

Geoff Bennett:

And that helps explain why this debate is so critical and yet so difficult.

Lisa Desjardins:

Right.

And one fact was given to me today that astounded me. Sixty percent, I was told, of all the information going into the presidential daily briefing, the highest level intelligence briefing, 60 percent comes from this program…

Geoff Bennett:

Really?

Lisa Desjardins:

… FISA 702. Yes.

Geoff Bennett:

Wow.

Lisa Desjardins:

And in addition to that, we know that this is something that agents in intelligence divisions are finding great alarm at if it actually expires. This has prevented several terrorist attacks. One thing that people should know about who — and also captured terrorists, one example, notably, Ayman al-Zawahiri.

He was the number two in al-Qaida. He is someone connected to the 9/11 attacks. A drone strike took him out in 2022 because of this program, also connected with the bombings in the USS Cole. We know 17 seamen died in that in 2000.

It's not just about terrorists either. This exact program is something that sniffed out the hackers who took down the Colonial Pipeline, blocked it for a bit of time, and also retrieved the millions in ransom. So those who support this, especially national security Republicans, say, for all of the problems that Congress has had, including on spending bills, potential shutdowns, that this is actually one of the most dangerous areas that they see a problem with.

Geoff Bennett:

So what's the Donald Trump factor in all of this? Because he is urging Republicans to vote against reauthorizing FISA.

Lisa Desjardins:

That's right.

Donald Trump tweeted out last night, very simple words, or over — overnight two nights ago. Simply, as he said, he wanted to kill the FISA bill. And then he went on to say something else in that tweet. He went on to say that it was illegally used against him.

Geoff, that's not true. In fact, the program that was used against former President Trump, as he is claiming, is a different part of FISA. There were wiretaps against some of the staff. Carter Page, we have talked about on this program before. Now, that is not the same as Section 702.

And, in fact, let's look at what then-President Trump tweeted about Section 702 in 2018. He wrote: "This is not the same FISA law that was so wrongly abused during the election."

Why am I raising this? When he sent that out in the middle of the night two nights ago, it absolutely affected the way that Republicans voted. It absolutely affected them taking down this national security program. We talk about President Trump's influence so often, but here he was influencing and blocking a national security program, whatever you think of it, using false information.

Geoff Bennett:

So what happens next, Lisa?

Lisa Desjardins:

Right.

So now we have to see exactly what's happening tonight, if the House Rules Committee does meet, if they do move forward. I wanted to talk to you about the different members of Congress who have problems with this on either side.

So, those members who are concerned about it, national security Republicans, they do say that, take away the shutdowns, take away the other issues, that this is a far more dangerous place to be.

Rep. Dan Crenshaw (R-TX):

Yes, I'm concerned. I have never — there's a lot of antics up here. I'm usually not concerned, right? The world will keep turning. America will still be — will keep being awesome. Yes, shut down the government. OK, like, it's not the end of the world, let's be honest.

But you know what? You lose our collection on our adversaries, that's one of the most seriously bad things that I can think of happening. I have never been worried like I'm worried now.

Lisa Desjardins:

And Congressman Crenshaw there is not prone to hyperbole. He doesn't say things like that usually.

But on the other side, we have those Republicans who say that this original version of the bill that they opposed and that they feel they didn't get the chance to change went too far and did not have enough protections for Americans here at home.

Rep. Scott Perry (R-PA):

This reauthorization is not reform. It is not currently reform. It might be reform, depending on the amendments available. But we already know that the one that protects your data from being bought by the FBI is not going to be allowed.

Somebody has to stand up for the Constitution and the rights of the American people. And if I can't do anything else here in this House of Representatives, you can count me for standing up for that.

Lisa Desjardins:

House Republicans are unique in the way that process in the House is policy. And those 19 Republicans talking to me say that they had a real problem with the process. That's what they're trying to work out behind the scenes right now with Speaker Johnson.

However, even if they move forward at the fastest speed, there is a problem in timing, because now the Senate would have to pass a bill that changes tonight. What's going on next week? Potential impeachment in the Senate and also potential motion to vacate, also Ukraine. The funding there could get caught up in this very timing net.

Geoff Bennett:

All right, Lisa Desjardins, thanks, as always.

Lisa Desjardins:

You're welcome.