FISA to expire Friday after House blocks extension

As Democrats continue to withhold support for President Donald Trump’s pick of Bill Pulte as acting director of national intelligence, the U.S. House of Representatives on Thursday rejected a proposal to extend a key foreign surveillance program through July 2. The program will end on Friday.

Trump tapped Pulte for the role earlier this month, prompting bipartisan backlash. Pulte is currently the head of the Federal Housing Finance Agency and is using that position to launch investigations into some of Trump’s political opponents over allegations of mortgage-related corruption. No previous national security experience.

House Democratic leaders opposed the short-term reauthorization ahead of Thursday’s scheduled vote, effectively dooming the measure. Speaker Mike Johnson was seeking approval under a procedural tool used for non-controversial bills that normally require support from two-thirds of the House.

The measure failed by a vote of 198-218. The council left the city after the vote and will not return until June 23.

House Minority Leader Hakeem Jeffries, DY, Minority Whip Katherine Clark, D-Mass., Democratic Caucus Chairman Pete Aguilar, D-Calif., House Intelligence Committee ranking member Jim Himes, D-Conn. and the House said, “Section 702 is a critical foreign intelligence authority, but we cannot in good conscience vote for reauthorization without significant reforms to protect both national security and Americans’ constitutional rights to privacy.” Judiciary Committee ranking member Jamie Raskin, D-Md., said in a joint statement.

“Bill Pulte has no relevant national security experience. As a result, his appointment is contrary to the law requiring the Director of National Intelligence to have ‘extensive’ national security experience,” Democratic leaders wrote. “The apparent motivation for his rise is Bill Pulte’s willingness to search government databases for alleged dirt on President Trump’s elected political enemies.”

Section 702 of the Foreign Intelligence Surveillance Act allows the government to collect communications from people outside the United States, including when they interact with Americans. This is a controversial program, especially for privacy advocates who are concerned about US citizens’ data being intercepted by the government.. But supporters say it is a vital national security tool, especially as the United States, Canada and Mexico prepare to host the FIFA Men’s World Cup, which starts Thursday, and Washington prepares for a series of sesquicentennial celebrations in the coming weeks.

“199 of the Democrats voted against a clean, politically motivated three-week extension. And they applauded when the bill passed,” Johnson told reporters after the vote. “This recording and that video will become infamous. I pray that no serious disaster occurs on our shores in the next few weeks.”

Nineteen House Republicans also opposed the measure.

Lawmakers were negotiating a multi-year extension of the program last week, but the Senate canceled that effort on Friday after Trump temporarily declared Pulte as the DNI choice.

Some Republicans, such as Rep. Don Bacon of Nebraska, who is retiring at the end of this Congress, have called on Trump to annul his election to clear the way for a transition. But Trump doubled down on his choice this week, saying: RealSocial post He said Wednesday that Pulte would take over on June 19 and would call for a short-term FISA patch.

“FISA 702 is critical to our Military and to keeping the American People safe, especially during the World Cup and America250 Celebrations. If nothing is done, this important Act will expire this week. I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Agency Director,” Trump said.

Sen. Mark Warner, the top Democrat on the Senate Select Committee on Intelligence, acknowledged in a briefing with reporters after Thursday’s House vote that not passing the FISA extension by Friday’s deadline was “dangerous.”

But the Virginia Democrat said there are alternatives, such as continuing Trump’s appointment as a no. 2, Aaron Lukas is Pulte’s short-term replacement following the resignation of DNI director Tulsi Gabbard.

There’s also the possibility that Trump could issue an executive order to expand FISA, but Warner isn’t convinced that idea would work because telecommunications companies could object over liability concerns without congressional approval of the program.

The risk of not having a qualified leader in charge of national intelligence looms large at the start of the World Cup.

“God forbid something happens as we get closer to the World Cup,” Warner said. “But if something were to happen, it would fall on the president, and that’s unfortunate.”