House Speaker Mike Johnson is on a crusade. He is determined to pass a three-year, reform-free renewal of the notorious FISA law that authorizes the NSA to spy on the communications of American citizens, on U.S. soil, without warrants of any kind.
Immediately prior to the last (unsuccessful) attempt by Johnson to pass a new reform-free renewal of this spying law — just two weeks ago — I wrote about the bizarre and deeply bipartisan history of FISA domestic spying and how the U.S. somehow became a country that authorizes its surveillance state to target American citizens, all without warrants.
I will not recount all of that here, except to note that — like the 2001 Patriot Act — the original law empowering the NSA to spy on Americans without warrants was such a self-evident departure from American tradition that passage was only possible by portraying it as a mere temporary emergency measure. Yet those spying powers have now become one of the many such “temporary” and “emergency” measures that have seamlessly become a quasi-permanent fixture of the U.S. government. This upcoming week in the House will determine whether it becomes genuinely permanent and, worse, forever immune to reforms.
The FISA bill that permits warrantless NSA spying on American citizens was first enacted by Nancy Pelosi’s House in 2008, then signed into law by President Bush. The law provided for those powers to expire four years later, unless Congress approved renewal.
The law was first renewed in 2012 with the support of the Obama White House, this time for five years, without any reforms. When that five-year renewal was set to expire in 2018, Congress, this time backed by the Trump White House, passed a six-year reform-free renewal, requiring a new vote in 2024.
For the 2018 renewal, there was a mountain of evidence demonstrating abuse, which in turn gave rise to steadfast opposition to such a renewal from dozens of members of both parties (who were demanding, among other reforms, the addition of a warrant requirement for spying on Americans). As a result, then-Speaker Paul Ryan (R-WI) was forced to rely on dozens of Democratic representatives to secure FISA renewal.
Ryan accomplished this by working in close tandem with three key California Democrats: then-Minority Leader Nancy Pelosi, ranking Intelligence Committee member Adam Schiff, and Eric Swalwell (D-CA). That liberal trio led 65 House Democrats alongside 191 Republicans to vote to endow a President they were calling a Hitler-type fascist with virtually unlimited power to spy on Americans without warrants.
The last time the FISA bill was renewed was four years after that 2018 vote: in April, 2024, with the support of the Biden White House and the key support of newly elected House Speaker Mike Johnson. That time, Congress was only willing to extend it only for two years, meaning the bill was scheduled to lapse on April 17, 2026, unless it was renewed again.
That is why Mike Johnson is now tasked with securing a new multi-year renewal of FISA with no reforms. On April 17 — last week — Johnson’s first attempt to renew the spying law for 18 more months failed to secure the necessary votes in the House for renewal He was thus forced to desperately plead with the chamber for a short 10-day extension to give more time to pressure the 20 House GOP holdouts to change their minds, and to try to induce more Democratic defections.
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