Trump Says He Will Refuse FISA Spy Power Extension Without SAVE America Act Attached

President Trump said Sunday he will back an extension of the now-lapsed Foreign Intelligence Surveillance Act (FISA) warrantless spy power only if the SAVE America Act is attached, after FISA Section 702 expired on Friday.

“President Trump’s fresh demand adds another barrier to efforts to renew powers under the Foreign Surveillance Intelligence Act, which grants US intelligence agencies the ability to surveil foreign nationals’ communications”

Bloomberg Law News

The New York Post reported that Trump grumbled on Truth Social, writing, “I’m against FISA if it doesn’t come with The Save America Act (Full version!) firmly attached to it.”

Bloomberg Law News

Bloomberg Law News said the powers expired Friday after Democrats refused to support an extension, citing Trump’s decision to name the Save America Act, which Democrats warn would restrict voters’ rights.

Bloomberg Law News also said Trump had repeatedly urged Congress to renew FISA Section 702 before his Sunday post, and that he was unable to win sufficient backing from Republicans to abolish the 60-vote threshold in the Senate.

The dispute over extending FISA Section 702 has been tied to Trump’s choice of Bill Pulte to serve as acting National Director of Intelligence, with Democrats arguing he cannot be trusted to be nonpartisan in the sensitive role.

The New York Post said Trump’s selection of Pulte “roiled Democrats,” and it reported that top Democrats conditioned an extension of FISA Section 702 on not having Pulte serve in the acting DNI role.

New York Post

Bloomberg Law News said Democrats raised concerns about Pulte given his previous actions to open mortgage fraud investigations into Trump’s critics, and it quoted the Senate Democratic leader’s view that “Pulte’s gotta be gone.”

The Intercept reported that privacy advocates worry Clayton’s nomination will give some Democrats the excuse they have been looking for to vote for renewing Section 702, and it said advocates are calling on Congress to add a warrant requirement no matter who takes over as intel chief.

Trump last week announced he will tap Jay Clayton, who is currently the US Attorney for the Southern District of New York, to serve as DNI, while still wanting Pulte to briefly have the role in an acting capacity.

“When Congressional Democrats rallied against President Donald Trump’s appointment of Bill Pulte to serve as temporary director of national intelligence last week, they said he was an unqualified pick who would be too eager to use the job to undermine elections”

The Intercept

The Intercept said Clayton’s nomination will be heard by the Senate Select Committee on Intelligence on Wednesday, and it reported that Senate Majority Leader John Thune hopes to have him confirmed as soon as Thursday.

The New York Post quoted Sen. Mark Warner telling CBS News’ “Face the Nation” that “We will get Clayton, I hope, confirmed as quickly as possible. We will then move very quickly to get FISA reauthorized,” linking the confirmation process to the fate of FISA reauthorization.

The Intercept said Clayton’s nomination is intertwined with the fate of Section 702, which expired Friday, and it quoted Clayton on CNBC: “On the integrity side, we’re doing an absolutely terrible job,” adding, “And the American people are right to question it.”