Tag: surveillance

The Controversy Surrounding Trump and FISA

The controversy surrounding Trump and FISA centers around his opposition to the Foreign Intelligence Surveillance Act (FISA) and his efforts to derail its renewal. Trump’s opposition was sparked by his personal grievances with the FBI and other intelligence agencies over the surveillance of his former campaign aide, Carter Page, during the 2016 election. Trump took to his social media platform, Truth Social, to urge Congress to “KILL FISA,” stating, “IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!”. His opposition led to the defeat of a procedural motion to bring a compromise FISA reauthorization bill to the floor, which was blocked by 19 House Republicans who heeded Trump’s call to reject the legislation[1][2].

The impact of Trump’s opposition to FISA is significant, as the bill’s expiration on April 19 raises concerns about the potential consequences for national security. Senate Republicans, including Susan Collins (R-Maine) and Marco Rubio (R-Fla), both members of the Senate Intelligence Committee, expressed their concerns about the potential consequences of failing to pass the bill. Collins emphasized the importance of FISA, stating, “It is an essential tool. It may need to be amended but it is absolutely essential.” Rubio warned that the absence of the bill would cripple the nation’s intelligence gathering, stating, “If we can’t spy on foreign terrorists and foreign spies overseas, we’re out of the intelligence business.” John Cornyn (R-Texas), another Intelligence Committee member, highlighted the significance of FISA in providing national security intelligence to President Biden, explaining, “So I think we need to reform it, not end it.”[1].

The timeline of events related to Trump’s opposition to FISA began in December 2023 when Speaker Mike Johnson (R-La.) and his allies were forced to come up with a Plan B to reauthorize the program before the April 19 deadline[1]. The situation is ongoing, with the House set to pass a revised surveillance bill imminently, potentially as early as Friday, following the failure of an earlier iteration to progress due to opposition from conservative House members[4]. The legislation, which reauthorizes the Foreign Intelligence Surveillance Act, also needs to pass the Senate ahead of the April 19 deadline[4].

Key players in this controversy include former President Donald Trump, Speaker Mike Johnson (R-La.), and various members of the Senate Intelligence Committee, such as Susan Collins (R-Maine) and Marco Rubio (R-Fla)[1].

Citations:
[1] https://thehill.com/homenews/senate/4589449-senate-republicans-furious-over-trump-derailing-fisa-bill/
[2] https://www.dailynews.com/2024/04/11/trump-and-fisa-a-fact-check/
[3] https://www.cnn.com/2024/04/10/politics/trump-fisa-speaker-johnson-house-republicans/index.html
[4] https://www.cnn.com/2024/04/12/politics/house-vote-fisa-reauthorization/index.html
[5] https://www.axios.com/2024/04/12/fisa-rule-vote-surveillance-house-republicans
[6] https://www.washingtonpost.com/politics/2024/04/12/donald-trump-congress-republicans-mike-johnson-fisa-ukraine-abortion/
[7] https://www.nytimes.com/2024/04/10/us/politics/fisa-trump-johnson-house.html
[8] https://www.grassley.senate.gov/imo/media/doc/CFH%20Timeline%20w%20Updates%2020201203%20%28FINAL%29.pdf
[9] https://abcnews.go.com/Politics/what-is-fisa-surveillance-law-in-spotlight/story?id=109138345
[10] https://abc7chicago.com/fisa-vote-house-passes-reauthorization-bill-through-2026-after-previous-gop-setback-donald-trump-said-to-kill-program/14652369/
[11] https://www.forbes.com/sites/saradorn/2024/04/12/house-passes-hotly-debated-foreign-surveillance-act-despite-trumps-plea-to-kill-it/?sh=6f64268637a2
[12] https://apnews.com/article/fisa-donald-trump-surveillance-congress-johnson-6798869fa141a13329c24245c64fd14f
[13] https://www.hindustantimes.com/world-news/us-news/what-is-fisa-us-house-passes-controversial-surveillance-bill-despite-donald-trumps-plea-to-kill-it-101712957739743.html
[14] https://www.nbcnews.com/politics/congress/house-republicans-are-chaos-fighting-key-surveillance-tool-rcna147175
[15] https://oig.justice.gov/node/16547
[16] https://www.nytimes.com/2024/04/12/us/politics/trump-intelligence-agencies.html
[17] https://thehill.com/homenews/house/4590833-fisa-warrant-mandate-republicans-retaliation/
[18] https://apnews.com/article/trump-documents-investigation-timeline-087f0c9a8368bb983a16b67dd31dcd4c
[19] https://www.washingtonpost.com/politics/2024/04/12/fisa-surveillance-house-republicans/
[20] https://www.politico.com/trump-russia-ties-scandal-guide/timeline-of-events

The Foreign Intelligence Surveillance Act (FISA)

The Foreign Intelligence Surveillance Act (FISA) is a United States federal law enacted on October 25, 1978, which establishes the legal framework for surveillance and collection of foreign intelligence information between foreign powers and agents of foreign powers suspected of espionage or terrorism. The Act is codified at 50 U.S.C. ch. 36[1].

FISA was created in response to revelations of domestic spying abuses by the U.S. government, including the Watergate scandal and surveillance against U.S. dissidents. It was intended to provide oversight and to protect U.S. persons’ privacy rights while allowing the government to collect vital foreign intelligence[3][4].

Under FISA, “U.S. persons” are defined as citizens of the U.S., aliens lawfully admitted for permanent residence, and other specified categories of individuals[3]. The Act outlines procedures for electronic surveillance and physical searches specifically targeting foreign powers and their agents operating within the United States. It also established the Foreign Intelligence Surveillance Court (FISC), a special federal court that reviews and approves surveillance applications[3][8].

FISA has been amended several times, notably by the FISA Amendments Act of 2008, which included Section 702. This section allows for the collection of foreign intelligence information concerning non-U.S. persons located outside the United States without a warrant. However, it has raised concerns due to incidental collection of U.S. persons’ data when they communicate with foreign targets[5][6][7].

The Act has been subject to debate and criticism, particularly regarding the balance between national security interests and civil liberties. Civil liberties groups, such as the ACLU, have advocated for reforms to increase oversight and protect privacy rights[4]. The reauthorization and potential reform of FISA, including Section 702, have been points of contention in Congress, with recent debates focusing on the necessity of the program for counterterrorism efforts versus the need for privacy protections[6].

Citations:
[1] https://law.gwu.libguides.com/FISA
[2] https://www.fletc.gov/audio/foreign-intelligence-surveillance-act-fisa-part-1-mp3
[3] https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/miscellaneous/ForeignIntelligenceSurveillanceAct.pdf
[4] https://www.aclu.org/documents/foreign-intelligence-surveillance-act-news-and-resources
[5] https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286
[6] https://abcnews.go.com/Politics/what-is-fisa-surveillance-law-in-spotlight/story?id=109138345
[7] https://www.fbi.gov/investigate/how-we-investigate/intelligence/foreign-intelligence-surveillance-act-fisa-and-section-702
[8] https://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court
[9] https://www.justice.gov/archive/ll/paa-dispelling-myths.html
[10] https://www.fisc.uscourts.gov/about-foreign-intelligence-surveillance-court
[11] https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
[12] https://www.law.cornell.edu/uscode/text/50/1801
[13] https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf
[14] https://www.intel.gov/foreign-intelligence-surveillance-act/1238-the-foreign-intelligence-surveillance-court
[15] https://www.intel.gov/foreign-intelligence-surveillance-act/1234-categories-of-fisa
[16] https://www.nsa.gov/Signals-Intelligence/FISA/
[17] https://crsreports.congress.gov/product/pdf/R/R40138