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Democrats Might Save Mike Johnson’s Push to Give Trump Domestic Spying Power

They’re crossing party lines to renew Section 702 of FISA. Jamie Raskin asks, “What could go wrong with that?”

Thanks to opposition from inside his own party, House Speaker Mike Johnson, R-La., was forced to delay a vote on President Donald Trump’s request to extend a major domestic spying law — but Democrats could ride to the rescue.

Johnson decided to delay a vote on the Foreign Intelligence Surveillance Act that had been scheduled for this week, Politico reported Friday. The move gives critics of the law more time to push for reforms, including a requirement that federal agents get a warrant before searching for information on Americans.

If the bill ultimately advances to the House floor, however, some top Democrats — including the ranking member of the House Intelligence Committee, Rep. Jim Himes of Connecticut — are already lobbying colleagues to vote for Trump’s request. Others, including members of the Congressional Progressive Caucus, are pushing back.

Advocates say Democrats have a rare chance to push through added safeguards. If they want to.

Advocates say Democrats have a rare chance to push through added safeguards. If they want to.

The internal debate among both Democrats and Republicans is a rerun of a clash two years ago over FISA — only this time, Trump’s reelection and the war on Iran have raised the stakes. The spying law expires next month.

With Republicans split, advocates say Democrats have a rare chance to push through added safeguards.

Figures from the Democratic establishment have often been ambivalent or openly hostile to reforming the law, one of the most controversial pieces of post-9/11 legislation and a focus of Edward Snowden’s disclosures.

“Evidence of Misuse”?

Johnson initially seemed poised to push through a vote on the law this week — but reports emerged last Friday that he had delayed the vote until the middle of April. That delay came in the face of skepticism about extending FISA without reforms from hard-liners in Johnson’s own party, such House Freedom Caucus Chair Andy Harris, R-Md.

Section 702 of FISA allows employees of the FBI and other agencies to search for information on U.S. citizens and residents among spy data that is collected abroad.

Congress has passed a series of partial reforms intended to curb widespread abuses of the law by the FBI. During fiery debate over the law in 2024, Johnson managed to narrowly get the bill through the House by agreeing to a two-year extension.

He also teamed up with then-President Joe Biden to pressure members to defeat by a single vote reformers’ most highly sought-after amendment, a provision that would have forced federal agents to go to a judge before searching for information about Americans.

The vote this year is shaping up to be as much of a nail-biter, and it appears that Johnson may need Democrats to lend an assist. Rep. Thomas Massie, R-Ky., says that he will vote against extending the law without reforms, which means that Johnson can only afford to lose one other GOP member.

Himes, who is leading the push to get Democrats to pass a “clean” renewal of Section 702, said in a letter to his party colleagues last week that he understood why they might have concerns about the Trump administration having access to that powerful spying tool. Still, he urged them to vote for reauthorization if the bill makes it to a final floor vote.

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