Speaker Mike Johnson’s (R-LA) Republican colleagues dealt him another blow Wednesday by killing a motion to allow a vote on his proposed Foreign Intelligence Surveillance Act (FISA) reauthorization.
Nineteen House Republicans sided with Democrats Wednesday to defeat the rule, 228 to 193.
Johnson called for a House Republican Conference meeting Wednesday afternoon at 4:00 Eastern to “regroup” as he tries to extend FISA’s authorization – with some reforms – before the April 19 deadline.
The House is finished voting for the week, so Republicans have time to work out their differences. But the reauthorization’s future in the House remains uncertain.
Johnson had hoped to move the measure off his plate Wednesday before turning to next week’s marquee action – a yet-to-be-unveiled proposal to fund Ukraine.
The embattled Speaker must now determine what his altered schedule will be. The House, fresh off a two-week recess, is scheduled to recess again Thursday, April 18 for another week’s break.
Johnson insisted after the vote that FISA’s authorization cannot be allowed to lapse. Despite the program’s authorization lapsing soon, most of the surveillance activities can continue for up to a year.
A fight over the inclusion of a measure requiring federal agents to obtain a warrant to continue surveilling American citizens caught up in surveillance of foreigners will continue to be a sticking point. No such measure is included in Johnson’s bill, although Johnson appeared to have consented to an amendment vote on the matter.
An amendment to include warrant requirements would likely pass easily, although some Republicans who voted against the rule Wednesday might insist the warrant requirement is placed into the underlying bill before allowing it to move to the floor.
Johnson could bypass a rule vote by suspending the rules. That would allow a straight up-or-down vote on passage, although it would require two-thirds support. That hurdle is likely unattainable, and it almost certainly would trigger a motion to vacate, which could end Johnson’s speakership.
Donald Trump’s opposition to the reauthorization likely contributed to Wednesday’s outcome. He called on the House to “kill” FISA in a Tuesday night Truth Social post, writing, “IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!”
The Biden administration and intelligence community have made reauthorization of FISA without a warrant requirement a priority, and they are unlikely to roll over as the fight continues and escalates.
Bradley Jaye is a Capitol Hill Correspondent for Breitbart News. Follow him on X/Twitter at @BradleyAJaye.
