UMVA has learned that a sudden and dramatic turn of events has thrown the Senate's efforts to reauthorize the nation's most valuable counterterrorism tool into chaos, just days after a domestic terror plot was foiled in Washington, D.C.
The plot, which involved using bomb-laden drones and snipers to potentially kill thousands at President Donald Trump's Ultimate Fighting Championship (UFC) birthday celebration, had been thwarted by the FBI over the weekend. But in a stunning move, Trump's last-minute decision to call off the confirmation hearing of his pick to be the next Director of National Intelligence (DNI), Jay Clayton, has brought all momentum to a grinding halt.
The Senate had been on the verge of confirming Clayton, a move that would have helped pave the way for reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA). This program, championed by some and criticized by others, is critical to thwarting terror plots abroad and is heavily used by the FBI. Its reauthorization had been a key hurdle, but it seemed like a resolution was within reach.
Sen. Angus King, I-Maine, expressed his dismay at Trump's decision, stating that it was a mistake that could undermine national security. "It is the single most important program in terms of maintaining national security, and putting Mr. Clayton into the Department would have eliminated an obstacle for having that happen," King said. "I'm not sure. I think it's a mistake for the president to have done this, and hopefully, he'll change his mind."
The FISA reauthorization issue has long been a contentious one on the Hill, with Democrats and Republicans locked in a heated debate. The Section 702 program allows the U.S. government to collect intelligence on foreigners abroad who are using U.S. communication systems, but it also sweeps up communications from Americans who are talking to foreign suspects. Proponents argue that loopholes in the program allow for the surveillance of Americans on U.S. soil, while others claim it's necessary for national security.
Trump's decision to halt Clayton's confirmation hearing and demand that his SAVE America Act be attached to the unrelated bill has sent lawmakers back to square one. Senate Democrats are outraged, with Senate Minority Leader Chuck Schumer, D-N.Y., accusing Trump of undermining national security for his own political motivations. "Look, Trump's actions overnight make it clear he is undermining our national security," Schumer said. "He doesn't give a damn about the American people’s safety, plain and simple. And every action he takes undercuts our safety for his own ridiculous, sometimes even indiscernible political motivation."
The situation has become a political slugfest, with both sides trading barbs and accusations. Some Republicans believe that Democrats are to blame for the current impasse, while others see the delay as an opportunity to push for more reforms. Sen. Josh Hawley, R-Mo., welcomed the chance to revisit the issue and potentially eliminate provisions that allow for the surveillance of Americans. "I welcome the opportunity to, at the very least, to get rid of ridiculous provisions that say that, you know, if you have Wi-Fi in your home or building, that they may then be a FISA obligated provider," Hawley said.
As the situation stands, the compromise three-year reauthorization waiting in the wings can pass if the political firestorm abates. But with lawmakers on both sides dug in and the issue now morphed into a deeply political one, it remains to be seen how this will all play out.
