Three FBI Tools for Investigating Terrorism and Espionage will Expire at least Temporarily on Sunday after President Trump Suggested on Thursday that he might Veto a Bipartisan Surveillance Bill to Extend them and the Senate left Town Without Voting on it.
The Intervention by the President, known for his Unpredictability on Surveillance Policy, potentially Disrupted an Agreement to Resolve a Broad Debate over National Security and Privacy related to the Foreign Intelligence Surveillance Act (FISA).
“Many Republican Senators want me to Veto the FISA Bill until we find out what led to, and happened with, the illegal attempted ‘coup’ of the duly elected President of the United States, and others!” Trump wrote on Twitter.
Trump’s Comments came a day after the House had Passed a Bipartisan Bill to Extend the Expiring Tools while also adding Safeguards to National Security Wiretapping under FISA.
Several of the President’s most Vocal Allies backed the Legislation, and Senator Mitch McConnell (R-KY), and the Majority Leader Chuck Schumer (D-NY), enthusiastically urged Swift Passage of the House’s Bill. But on Thursday, the Republicans whom Trump had Referred to in his Tweet raised Objections that Prevented the Senate from Passing the Bill on an Expedited Basis. An attempt to Extend the Expiring Authorities for 45 days to Buy more Time also Fell Apart.
By the day’s end, Senators left Town for the Weekend and Republican Leaders had Plans to Pass the House’s Agreement early next week when they have more time, with Hopes that Trump would ultimately Relent and Sign it into Law.
The President did Not explain whether he was Suggesting that he might Not Sign the Bill, negotiated this week by Speaker Nancy Pelosi (D-CA, 12th District) and Rep. Kevin McCarthy (R-CA, 23rd District), the House Republican Leader, or a Short-Term Extension that Republican Senators were Contemplating.
But the Intervention showed that Trump remains an Unpredictable and Volatile Decision Maker on Surveillance Legal Policy. Republicans in the House thought they had Assurances from the White House that Trump would Sign their Bill before they Voted.
Because the Bill will Not be Passed by Sunday, the FBI will Lose Three Powers that Lawmakers Created after the Sept. 11th Attacks. They include the Authority to get a Court Order for Business Records that are Relevant to a Terrorism or Espionage Investigation.
The Powers Lapsed briefly once before, in 2015, because of a similar Stall in the Senate. The Impact of a Short-Term Gap may be Small. Any Existing Court Orders for Business Records and Special Types of Wiretaps, for example, will Still be Valid during the Lull. And the FBI can most likely use other Authorities, like Grand Jury Subpoenas, from its Criminal Investigative Toolbox as a Workaround.
Still, the Lapse could Cause some Operational Headaches, and the Spectacle of Governing Dysfunction arising from Congress in the National Security Arena and a Measure for which there is very likely Majority Support was Striking.
It was Uncertain whether the House’s Rewrite could Pass the Senate in time to Prevent the Expiring FBI Tools from Temporarily Lapsing. Under Senate Rules, Senators can Express their Displeasure by Slowing Legislation moving through the Chamber for Days, though Not Stopping it.
In this Case, Senator Mike Lee (R-Ut), Threatened to use Procedural Tools to Hinder its Passage if McConnell brought the Bill for Consideration on Thursday. Lee does Not Believe the House’s Language Sufficiently Protects Americans’ Civil Liberties from Government Spying, and he said on Thursday Afternoon that “rights are at stake” and that all he was really Demanding was a Full Debate. “This is unjust, this is unrealistic, this is unsustainable,” Lee said.
NYC Wins When Everyone Can Vote! Michael H. Drucker
