Congress passed a 10-day stopgap extension of a warrantless surveillance program early Friday morning after Republican leadership failed twice to push through a longer renewal, exposing deep divisions within the party over how aggressively to protect Americans from government snooping.
The overnight scramble upended what had been billed as routine business. Section 702 of the Foreign Intelligence Surveillance Act, which expires April 20, allows U.S. intelligence agencies to intercept texts and emails involving foreigners overseas without a warrant. When Americans communicate with those foreign targets, their messages get swept up too, a practice that has sparked fierce debate over privacy rights versus national security.
Donald Trump had repeatedly pressed Republican holdouts to rally behind House Speaker Mike Johnson's push for an 18-month extension with no changes to the law. Instead, 20 Republicans blocked their own leadership's procedural move, forcing lawmakers back to Capitol Hill in the dead of night. The House and Senate eventually agreed to the brief 10-day extension after contentious debate, with the final vote passing just after 2 a.m. ET.
"Are you kidding me? Who the hell is running this place?" Democratic Rep. Jim McGovern of Massachusetts demanded during the tense floor debate.
The breakdown reflects an unusual coalition. Progressive Democrats and hardline Republicans have joined forces demanding that any renewal include a warrant requirement for Americans' communications incidentally collected under Section 702. Two years ago, a similar amendment came down to a dramatic 212-212 tie before failing.
Democratic Rep. Ro Khanna of California claimed victory in the overnight vote. "We just defeated Johnson's efforts to sneak through a five-year Fisa authorization tonight," he said. "Now, they will have to fight in daylight tomorrow."
Privacy advocates dismissed what was offered as window dressing. Jake Laperruque, deputy director of the security program at the Center for Democracy and Technology, called the failed proposal "a sham" and said surveillance boosters tried to slip it through at midnight "because they know they've lost the substance of this debate." He argued the only acceptable path forward requires closing what critics call a backdoor loophole that allows searches of Americans' communications without a warrant.
The stalemate signals real pressure for change. Hannah James, a counsel at the Brennan Center's liberty and national security program, said lawmakers in both parties want genuine reforms. "A clean extension or fake reform is not going to cut it," she said.
Author James Rodriguez: "The surveillance industrial complex collided with genuine bipartisan skepticism, and for once the skeptics won the night, even if the victory is only temporary."
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