Washington — On Friday, the Senate halted the continuation of a pivotal warrantless surveillance program used by U.S. intelligence agencies, effectively setting Section 702 of the Foreign Intelligence Surveillance Act to expire on June 12 unless further action is taken.
In a 47-52 vote, seven Republican senators joined their Democratic colleagues in opposing a procedural motion that would have paved the way for a final vote on extending the program next week. This decision arises amidst controversy surrounding President Trump’s selection of federal housing finance regulator Bill Pulte as the interim director of national intelligence.
The primary concern voiced by the Republicans who opposed the reauthorization revolves around the potential for the law to be used in surveilling Americans without a warrant. Senators Josh Hawley of Missouri, Mike Lee of Utah, Rand Paul of Kentucky, Eric Schmitt of Missouri, Rick Scott of Florida, John Kennedy of Louisiana, and Tommy Tuberville of Alabama sided with the Democrats. On the other hand, Democratic Senator John Fetterman was the lone member of his party to support advancing the reauthorization vote.
“No warrant to protect Americans? No FISA,” Lee stated on X.
Senate Majority Leader John Thune remarked post-vote that the Senate intends to revisit the issue next week, criticizing the Democrats’ stance as “terribly irresponsible,” despite the fact that some conservatives in his conference sided with the Democrats.
Thune commented, “The appointment of Pulte to that role, although perhaps not perfectly timed, shouldn’t detract from something of this magnitude.”
Democratic Sen. Ron Wyden of Oregon, a longtime critic of the surveillance system, said the bipartisan vote was proof that “reform efforts transcend red and blue.”
The vote marked the latest setback for Mr. Trump and intelligence officials, who have spent months pushing to extend a key provision of FISA that allows agencies such as the CIA, National Security Agency and FBI to collect communications from foreign targets without a warrant.
Concerns that the program can incidentally sweep up Americans’ communications left Republican leaders only able to pass short-term extensions while negotiations continued. Critics wanted a warrant requirement when those communications are accessed.
Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee who had worked to negotiate the bill, voted against it. He said earlier Thursday that he and committee Chair Sen. Tom Cotton had reached what he described as a “compromise” on a “strong bill,” but that the “complete irresponsibility of putting forward” Pulte had changed the equation.
Pulte has seen pushback to his appointment from both Democrats and Republicans for his lack of experience and past controversies. Thune said the position shouldn’t be “weaponized” and the office should be led by “professionals.”
“Does anybody think it makes good sense to give him the keys to the 18 intelligence agencies?” Warner said.
Mr. Trump on Thursday said Pulte would not be his “permanent” choice for the critical security post. But the president may not have helped his case for Pulte’s appointment when he said he may investigate “rigged elections.” Tulsi Gabbard, the outgoing director, raised eyebrows even among Republicans when she joined an FBI search of an election center in Fulton County, Georgia, earlier this year.
“It’s an acting position, it’s not permanent, he’s not going to be permanent because, you know, I don’t think he’d want to be permanent,” Mr. Trump said in the Oval Office. “But he’s a very smart guy and he may find out some things about the rigged elections, etc., etc. I think he’d like to do it. I’d like to — I think he wants to do it very much. Got a lot of energy. But he’ll be very good. Again, it’s not a permanent position. We’re looking at, we’re interviewing people right now. But it’s somebody just to take it over for a little while.”
The Senate is expected to revisit the legislation when lawmakers return next week.
Any agreement would still need to clear the chamber’s 60-vote threshold before heading to the House, where lawmakers have yet to resolve differences over a provision restricting a central bank digital currency that House Republican leaders added to secure support for the bill.
