Mike Johnson Shocks House Floor With This BOLD Move

Written By BlabberBuzz | Wednesday, 13 December 2023 02:30 PM
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In a surprising turn of events, House Speaker Mike Johnson has withdrawn two legislative proposals aimed at renewing and reforming Section 702 of the Foreign Intelligence Surveillance Act (FISA).

The decision came in response to significant opposition.

Representative Thomas Massie informed the Washington Examiner that the bills, which were initially sent to the House Judiciary Committee and Intelligence Committee, would not be subjected to a vote this week as initially planned. The original strategy was to present both bills for a floor vote, allowing members to cast their votes for either. The bill with the majority of votes would then proceed through the House, a process known as a "queen of the hill" vote.

However, during a conference meeting, Representative Warren Davidson, a member of the Judiciary Committee and a contributor to the drafting of that version of the bill, accused Intelligence Committee Chairman Mike Turner of being dishonest about the judiciary bill. This accusation led to a wave of dissatisfaction among members regarding the "queen of the hill" tactic, prompting them to urge Speaker Mike Johnson to select one of the bills.

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Judiciary Committee member Representative Darrell Issa echoed the sentiments of his colleagues, stating, “I think the former speaker said it very well when he said we should take the time it takes to get one bill and take the time it takes to get it right.”

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As a result of these developments, the bills have been postponed until next year. Meanwhile, the House is scheduled to vote on the National Defense Authorization Act on Thursday, which includes a temporary extension of FISA until April 19, 2024.

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However, this short-term extension has met with resistance. Representative Andy Biggs expressed his disappointment, stating, "I’m really disappointed that we're talking about a four-month extension in the authorities of FISA. So we should be laboring through to get this thing done, in my opinion."

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Section 702 of FISA permits the federal government to conduct surveillance on foreigners without a warrant for national security purposes. This surveillance is compiled into a database of foreign intelligence, which also contains information on US citizens who may have been in communication with individuals overseas.

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There have been documented instances of FISA abuse, leading to calls for reform from members of the House. However, there is disagreement on the best approach to these reforms.

In the Judiciary Committee's version of the bill, all FISA inquiries involving US citizens would necessitate a probable cause warrant. Conversely, the Intelligence Committee's version would only require warrants for FBI officials and only in a limited number of circumstances.

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FISA, enacted in 1978, established procedures for physical and electronic surveillance and the collection of foreign intelligence information, as per the Department of Justice. FISA activities are subject to Congressional oversight.

FISA also established the Foreign Intelligence Surveillance Court, to which the Department of Justice must apply to obtain a warrant. Agents must demonstrate probable cause to believe that the target of the surveillance is a foreign power or an agent of a foreign power, that a significant purpose of the surveillance is to obtain foreign intelligence information, and that appropriate minimization procedures are in place.

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The act was expanded under the 2001 Patriot Act, which, according to the Department of Justice, "Helped tear down the so-called FISA 'wall’ that prevented effective information sharing between law enforcement and intelligence personnel." However, the act was misused by the FBI over 278,000 times between 2020 and 2021 against crime victims, January 6 riot suspects, George Floyd rioters, and 19,000 donors to a congressional candidate, according to court documents that were unsealed in May.

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Section 702 was created after the Sept. 11, 2001, terrorist attacks, allowing intelligence agencies to gather communications and data such as emails, texts, and phone calls on foreigners living abroad, without a warrant. Despite the provision stating that intelligence agencies cannot use the section to target Americans, data on US citizens is still collected when citizens interact with foreign targets, known as "incidental" collection.

Groups such as the American Civil Liberties Union have opposed the section, arguing that it has been used as a "backdoor" tool for gathering information on Americans.

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