Senate pushes forward FISA surveillance bill as expiration looms

The Senate cleared one of several procedural hurdles necessary to pass FISA renewal before the Friday deadline.

Proponents of the bill, such as Majority Leader Chuck Schumer and Sen. Mark Warner, are pushing to renew it before the Friday deadline.

The renewal has the support of both Schumer and Senate Minority Leader Mitch McConnell, R-Ky. The Kentucky Republican warned his Senate colleagues against pushing for an amendment to require warrants, as Republicans in the House did unsuccessfully. 

"Misguided efforts to require a criminal-law warrant to sort and organize those data on U.S. persons would end the ability of the FBI to keep America and Americans safe," McConnell said earlier this week. 

"Frankly, they would forget the lessons of 9/11," he claimed. "So I’ll oppose any such efforts and urge my colleagues to do the same."

He noted that senators should expect votes on Friday if FISA is not reauthorized on Thursday. 

Some of the prominent senators voicing their opposition to the FISA bill are Sens. Mike Lee, R-Utah, and Rand Paul, R-Ky. Lee has made his objections to the lack of a provision requiring a warrant known. "The documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment Rights of American citizens," he said in a March statement while introducing a bipartisan bill to amend FISA. 

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Sen. Jon Tester (D-MT) questions U.S. Securities and Exchange Commission chairman Gary Gensler during a Senate Banking Committee hearing on Capitol Hill September 12, 2023 in Washington, DC.  (Drew Angerer)

Sen. Ron Wyden, D-Ore., claimed the measure would "dramatically" expand the powers given to the government under FISA. 

"The government can force you to help it spy," he said in a statement. "That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer." 

FBI Director Christopher Wray was told by Rep. Mike Garcia, R-Ca., that he did not trust him. (Julia Nikhinson/Getty Images)

However, a much larger bipartisan coalition have underscored why they think renewing FISA is so important. "In this dangerous climate, it is clear that shutting down FISA would be the biggest national security mistake in the history of America," Sen. Lindsey Graham, R-S.C., said in a statement last week.

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FBI Director Christopher Wray also recently pleaded with Congress to reauthorize the security tool, telling a House committee, "failing to reauthorize 702 or gutting it with some kind of warrant requirement would be dangerous and put American lives at risk." 

While many push for a quick renewal, several senators have expressed their desire to see changes to the legislation, putting passage before the Friday deadline. 

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