Congressional Leadership Moves To Punt on National Security, Civil Liberties Battle

Congressional leadership is hoping to extend a division spying authorization into next year.

AP
Section 702 of the Foreign Intelligence Surveillance Act is due to expire on April 19 after Speaker Johnson punted on the issue in December AP

Congress is officially moving toward granting a temporary extension of a sweeping surveillance permission into next year, a move opposed by factions of both the Republican and Democratic conferences because of potential abuse of the powers.

The section in question, Section 702 of the Foreign Intelligence Surveillance Act, gives federal agencies the power to collect data on communications involving foreign persons, including communications involving or about American citizens.

This permission has been abused by law enforcement to collect data on Americans without a warrant through backend searches of databases as well as in investigations into everything from President Trump’s 2016 campaign to civil rights protestors in 2020.

Proponents of the section say it is a critical national security tool while opponents say it is a brazen violation of Americans’ constitutional rights.

Speaker Johnson moved forward with the plan to propose an extension, despite complaints from some 50 members of Congress who wanted to resolve the issue before the original deadline of the end of this year.

“This controversial law has a history of abuse, including spying on Americans, including tens of thousands of protestors as well as journalists, campaign supporters, members of the U.S. Congress, and Presidential campaigns,” reads a letter sent by 50 members of Congress to the leadership of both parties.

The chairman of the House Intelligence Committee, Mike Turner, told reporters Wednesday that “By extending it, we avoid calamity.”

“Obviously, the House has been in chaos, and our legislative business has been disrupted,” Mr. Turner said. “So I think it’s an appropriate extension that gives us the ability to address 702.”

The extension, which is now attached to the yearly National Defense Authorization Act, effectively punts the battle over the privacy of Americans into next year.

As it stands, there are two different proposals for how to renew Section 702, one from the Intelligence Committee and one from the Judiciary Committee, with the central difference being whether or not to require law enforcement to obtain a warrant before searching vast databases of data.

The decision to extend the security and civil liberties fight into next year also drew criticism from members of the Senate, like Senator Hawley, who said in a tweet that “I am blocking the Senate from immediately proceeding to the defense bill.”

“Congressional leadership has chosen to abandon the people of Missouri and the nation poisoned by their own government,” Mr. Hawley said. “I’m not going to make it easy on them.”


The New York Sun

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