In August 2013 — in the wake of our Snowden reporting, which revealed the NSA’s mass warrantless domestic spying on Americans — an extraordinary bipartisan bill emerged. Jointly sponsored by one of the most liberal House members (Michigan Democrat John Conyers) and one of his most libertarian-conservative counterparts (Michigan Republican Justin Amash), the bill would have reined in the NSA’s domestic spying powers by imposing serious limits on how such powers can be exercised when aimed at American citizens.
When the Conyers-Amash bill was first introduced, “Official Washington” did not take it seriously. But the Snowden revelations were causing serious public anger about NSA spying, and many members of Congress shared that anger because they were not told that the NSA had implemented a system of mass warrantless surveillance aimed, in part, at Americans. As a result, support for the bill quickly picked up bipartisan steam, seemingly heading toward certain passage — until Barack Obama called Nancy Pelosi.
Despite running for President as a constitutional law professor who vowed to end the civil liberties abuses of the War on Terror, Obama had become an enthusiastic supporter — and user — of the NSA’s domestic spying system. He thus instructed then-Speaker Nancy Pelosi to whip enough Democratic House votes to kill the bill. She did as she was told, and the bill — which initially appeared on its way to approval — was defeated 205-217 (94 Republicans and 111 Democrats voted for the reform bill; 134 Republicans and 83 Democrats voted against it). Official Washington heralded Pelosi as the heroine who saved NSA warrantless spying on Americans.
It is hard to overstate how significant the passage of this bill would have been. It would have been the first time in two decades that the U.S. Congress limited rather than increased the domestic powers of the U.S. security state. The era of the Patriot Act would finally have been confronted, or at least diluted. But Obama and Pelosi joined hands with the likes of GOP pro-spying members such as Peter King, Michelle Bachmann, and Kristi Noem to block any limits on the NSA’s power to spy on Americans without warrants.
Now, Donald Trump is on the verge of doing what Obama and Pelosi did back then. Despite running in 2024 by vowing to “KILL FISA,” based on his (quite valid) claim that spying powers had been abused against him for political ends in the 2016 presidential campaign, Trump on Monday demanded that FISA be fully renewed: yet again, with no reforms, safeguards, or limits of any kind.
Congress this week, perhaps as early as Wednesday, will vote on a renewal of Section 702 of FISA, which grants the NSA the power to spy on certain communications of American citizens without a warrant. Although it appeared that there was bipartisan support for finally imposing some limits and safeguards in the wake of years of documented abuses, Trump’s demand on Tuesday — that all House Republicans unite to renew the spying powers with no limits — raises serious doubts about whether any reform is now possible.
Hellbound and Down 