Following a failed House vote to temporarily extend the nation’s warrantless surveillance powers, civil liberties advocates are pointing to a simple solution: make the FBI get a warrant.
Patrick Eddington, a senior fellow in homeland security and civil liberties at the Cato Institute, released a statement Thursday after the House rejected a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA).
“This morning, the House leadership once again tried to force through an extension of FISA Section 702 warrantless mass electronic surveillance program,” Eddington said after the measure failed on a 198-218 vote.
“The solution to this impasse is simple. The FBI should have to get a warrant for Americans’ Section 702 data, just like they have to in criminal cases,” Eddington continued. “It’s past time for the House and Senate leadership to do what they should’ve done when this law was enacted almost 18 years ago: make the FBI get a warrant.”
The failed legislation would have extended the surveillance program through July 2. With lawmakers now leaving town for a scheduled week-long recess, the spy powers are poised to expire, putting the country into a legal gray area. Speaker Mike Johnson attempted to pass the bill under a fast-track process requiring a two-thirds majority, but 19 Republicans voted against it and only seven Democrats voted in favor.
The bipartisan failure was largely driven by Democratic objections to President Trump’s announcement that Bill Pulte will take over as acting director of national intelligence on June 19. Pulte currently leads the Federal Housing Finance Agency.
House Minority Leader Hakeem Jeffries and other top Democrats argued that Pulte has no relevant national security experience. In a joint statement, they claimed the real motivation for his appointment is a “demonstrated willingness” to search government databases for dirt on the president’s political opponents. Rep. Jamie Raskin echoed this during the debate, stating that Pulte has “Zero. Zilch. None” when it comes to a national security background.
Republicans pushed back, warning about the security risks of letting the program go dark. Rep. Rick Crawford cited upcoming events like the FIFA World Cup and America’s 250th birthday as potential terrorist targets. He accused Democrats of playing “political chicken with an essential national security tool” and clarified that the director of national intelligence actually has no authority to query the 702 database.
Even lawmakers who previously backed short-term extensions walked away this time. Rep. Jim Himes, the top Democrat on the Intelligence Committee, noted the House was close to a deal before Pulte’s appointment was added to the mix. He called Pulte an “attack dog” who has never held a security clearance, stating that lawmakers were being asked for “yet more indulgence.”
READ: Florida Sen. Moody Cheers House Vote To Stop ‘Ghost Students’ From Stealing FAFSA Aid
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