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Trump's 'Spygate' Lies Prompt Congress to Do Something Right

Trump's 'Spygate' Lies Prompt Congress to Do Something Right

 


As House members returned to Washington this week, Speaker Mike Johnson, R-La., was already struggling to rally his caucus around a bill to extend a surveillance program from the era of September 11th. The effort to reauthorize Section 702 of the Foreign Intelligence Surveillance Act had already divided the House Republican Party for months. but some sort of compromise was finally close to being reached on Wednesday, just days before the program expired.

And then former President Donald Trump intervened.

KILL FISA, IT WAS ILLEGALLY USED AGAINST ME AND MANY OTHERS. THEY SPY ON MY CAMPAIGN!!! he wrote on Truth Social, resurrecting one of his long-standing false claims about the 2016 election. And the bill under debate was not about all of FISA, just Section 702 But Trump's message was enough to strengthen a revolt among conservative Republicans, 19 of whom voted with Democrats to prevent debate on the reauthorization bill. For once, however, Republican dismay and obedience to Trump can fortuitously be put to good use. Even if Trump's Spygate narrative remains false, it could be exploited to improve a failing part of the U.S. intelligence-gathering system.

For once, however, Republican dismay and obedience to Trump can fortuitously be put to good use.

Section 702 was first added to FISA in 2008 to legalize a once-secret program used by intelligence agencies to store communications data of aliens living abroad without a warrant. It quickly became clear that critical safeguards, intended to protect U.S. data taken in this operation from warrantless review, were failing. A court order issued last year by the Foreign Intelligence Surveillance Court, which oversees the use of FISA spying tools, showed that the FBI repeatedly violated its own standards for seeking information on Americans in Section 702 data.

However, we must be careful not to give Trump too much credit. Once again, his claims that FISAs are being used to illegally spy on his campaign are false. And the former president forgot that he had already made an about-face on this issue. Trump's message Wednesday also echoes a tweet from him in 2018, when Section 702 was last up for reauthorization. He eventually backtracked when members of his cabinet and then-Speaker Paul Ryan, Republican of Wisconsin, rushed to ensure he supported the bill his administration had publicly supported.

Additionally, the early stages of the Russia investigation, which Trump wrongly characterizes as espionage, did not depend on the Section 702 collection system. Instead, the counterintelligence team of the FBI went to the FISC to obtain a warrant to monitor Carter Page, a campaign aide, to see if he was communicating with Russian assets. This has been incorporated into the full Spygate narrative that Trump has been peddling since 2017 as a way to completely undermine the investigation. Although the Justice Department's inspector general found flaws in the approval of the FISA arrest warrant for Page, the IG also concluded that the investigation was properly initiated. Trump-appointed special counsel John Durham also found no evidence of wrongdoing in the FBI investigation that opened his investigation.

Despite all of this, this is a case in which Trump's illusions are potentially exploited to achieve a net positive outcome. Section 702 itself appears to be a necessary evil in that it prevents terrorist attacks and other obvious threats to national security from abroad, but the ability to turn the powers of this system back on Americans, in violation of the Fourth Amendment, is the one that requires the strictest firewall. . Civil liberties groups have called for allowing its complete demise absent major reforms, allowing the intelligence community to focus on other collection methods.

Despite all of this, this is a case in which Trump's illusions are potentially exploited to achieve a net positive outcome.

While Trump's message rallied conservative opponents of the bill, it is striking that the rule that was rejected Wednesday made it out of committee only because of a proposed bipartisan amendment to the reauthorization bill . The list of co-sponsors is one you'd never expect to see grouped together, ranging from committed progressives to die-hard MAGA fans: Reps. Andy Biggs, R-Ariz.; Pramila Jayapal, D-Wash.; Jerry Nadler, D.N.Y.; Warren Davidson, R-Ohio; Zoe Lofgren, D-Calif.; and Jim Jordan, R-Ohio. The proposed change would block warrantless searches of U.S. persons' communications in the FISA 702 database, with exceptions for imminent threats of death or bodily harm, consent searches, or known signatures of cybersecurity threats.

The Biden administration and the intelligence community have spoken out against the amendment because it would rebuild a wall around and thus block access to information already legally collected in the possession of the US government, as the security adviser said National Jake Sullivan. But just because the information was collected legally doesn't mean the government should be able to analyze it with minimal legal protections. (And even if the authorizing legislation expires, a Foreign Intelligence Surveillance Court extension means the program will continue for another year.)

With that in mind, Johnson has a few options on what to do next. The procedural vote failed only in the face of united opposition from congressional Democrats, as the rule also would have brought two resolutions denouncing President Joe Biden's policies. It's possible that Johnson will abandon these poison pills and revive the bill and its amendment before the April 19 deadline to prevent the provision from expiring entirely. Or he could push for another short-term extension, like the one passed in December, to keep it afloat for a few more months.

But it's clear that Section 702 likely won't be expanded in its entirety without at least some major changes. Trump's delusions about the deep state are generally best treated as the ramblings of someone upset that their authoritarian instincts are being trampled. But for once, his diatribes could legitimately contribute to safeguarding the rights of Americans.

Sources

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2/ https://www.msnbc.com/opinion/msnbc-opinion/trump-fisa-spygate-congress-rcna147225

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