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Republicans stare down a growing, neverending FISA crisis

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Hill Republican leaders are finding themselves in a never-ending crisis over the fate of a government spy law that has unleashed a bitter, intraparty battle within the House while also threatening to derail a host of other GOP priorities.

Republicans now have scant legislative days to build new plans to extend Section 702 of the Foreign Intelligence Surveillance Act, or FISA. But President Donald Trump, GOP leaders and White House officials have failed to come up with a workable framework for months — and there is no agreement yet on the path forward.

Some House Republicans hope they’re in the final stages of massaging a multi-year extension that would incorporate some minor changes intended to pacify privacy hawks. Others are already predicting they’ll face the same internal schisms come April 30, when the current short-term extension runs out.

For many Republicans, the high-drama meltdown in the House was entirely predictable and has been months in the making, after Trump demanded a clean extension of the surveillance law despite well-documented skepticism within his own party.

“A trainwreck,” was how Tennessee Republican Rep. Andy Ogles described it, as he walked off the House floor in the pre-dawn hours of Friday morning. Speaker Mike Johnson had just tried and failed to secure a long-term reauthorization after days of ultimately fruitless negotiations across his conference.

“I don’t know how we solve it,” said one House Republican of the current impasse, granted anonymity to speak candidly.

It’s gotten to the point where Senate Republicans, who have until now largely taken a back seat on FISA, are warning they are prepared to grab the wheel if the House can’t figure it out.

“We’ve just got to have optionality here,” Senate Majority Leader John Thune said Friday of the path forward, shortly after clearing the House-passed, 10-day emergency Section 702 extension to avert a looming expiration. “I don’t know what the House is going to be able to do, and so we’ll be preparing accordingly.”

The task ahead of Republicans is only being compounded by the fact that this week was supposed to be about taking the first step in the Senate to advance a budget blueprint, necessary to begin the party-line reconciliation process that will deliver funding for the Department of Homeland Security’s immigration enforcement activities.

Trump has given Congress a June 1 deadline to get that reconciliation bill to his desk and reopen the long-shuttered DHS. Two people granted anonymity to discuss private scheduling said Senate Republicans will still be able to move the budget resolution this week as planned. But House Republicans will need to either quickly resolve their differences over the future of Section 702 or risk this policy fight colliding next week with expected disagreements over the scope of the reconciliation package.

Johnson, leaving the floor past 2 a.m. Friday after 20 Republicans voted down the procedural rule needed to advance his latest attempt to pass a long-term Section 702 reauthorization, said, “we were very close tonight.”

He chalked up the GOP rebellion to “some nuances with the language, and some questions need to be answered.” The emergency 10-day extension, he argued, gives Republicans more time to hammer out those pieces.

But Johnson will have his work cut out for him as he attempts to figure out how to satisfy conservative hard-liners who want more guardrails to prevent the warrantless surveillance of Americans. Trump has insisted on a clean reauthorization and has been resistant to more sweeping policy changes.

After Johnson unveiled legislative text of a five-year extension of the surveillance program late Thursday night, House GOP hard-liners quickly revolted over what one described as the “inexplicable five-year extension, the fake warrant requirement, and the walk back of the promise from this afternoon to include CBDC.”

The member was referring to central bank digital currency. Leaders previously promised ultraconservatives to secure a ban on it, and Section 702 holdouts now say a prohibition must be included as part of any spy power reauthorization deal. This particular policy battle has already stalled passage of bipartisan housing legislation.

Majority Leader Steve Scalise said in an interview near midnight Friday that House Republicans were “still working through” another legislative vehicle where they could potentially attach the CBDC ban. “We’re gonna find a place for it.”

That’s a tough sell, as some hard-liners have acknowledged that the White House isn’t on board with this plan, and Thune in an interview late last week warned its inclusion would erode support from Democrats whose votes will be needed to pass any Section 702 reauthorization in the Senate.

It doesn’t help that morale among House Republicans is under new strain.

When the speaker approached Rep. Andy Biggs (R-Ariz.), a leading opponent of government surveillance programs, on the House floor overnight Friday to secure an agreement for an emergency patch, Biggs let the speaker know a previous deal they had was “off,” according to three Republicans who heard it, who were granted anonymity to recount a private exchange.

More moderate House Republicans are losing patience with the standoff. One GOP centrist, granted anonymity to speak candidly, called the Friday floor meltdown “ridiculous” and that the speaker didn’t have “much of a plan to begin with.”

Rep. Don Bacon (R-Neb.) cautioned: “You’ve got to make a deal with the Democrats.”

Four moderate Democrats did help Republicans on a party-line vote paving the way for passage of a clean, 18-month reauthorization: Reps. Jared Golden of Maine, Josh Gottheimer of New Jersey, Marie Gluesenkamp Perez of Washington and Tom Suozzi of New York. But it was not nearly enough to offset the 20 Republican defectors.

Democrats face division within their own ranks, too. Sen. Ron Wyden (D-Ore.), a longtime privacy hawk, argued the House’s setback gave new momentum to a bipartisan coalition that wants more sweeping changes, including stronger warrant provisions.

“We’re going to pull out all the stops,” Wyden told reporters Friday after letting the stopgap pass on the Senate floor without objection. “We’re ready to go to the mat and fight for a full package of reforms.”

Yet back in the House, Rep. Jim Himes of Connecticut, the top Democrat on the House Intelligence Committee, has been pushing for a clean extension. He was seen hustling around the floor Friday night talking to different Republican members, including GOP leaders and hard-liners.

At one point, Himes was overheard saying on a phone call in the speaker’s lobby he was in a rare position to be doing “shuttle diplomacy” between the speaker and House Freedom Caucus members.

“What I learned tonight was that Republicans don’t talk to each other,” Himes said later in an interview. “They sure as hell don’t talk to us — but they don’t even talk to each other.”

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Congress

Elon Musk pours another $76 million into boosting Republicans

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SpaceX CEO Elon Musk gave another $76 million to boost Republicans in the first two weeks of October, bringing his total giving this cycle to more than $442 million.

The additional funds, which Musk gave to his super PAC, America PAC, make the group one of the biggest super PACs this cycle. America PAC has already spent tens of millions of dollars on digital advertising, mailers and text messages as it targets competitive House and Senate races across the country.

Musk — the world’s wealthiest man — is by far the biggest single donor this cycle, with his political giving this year far exceeding even the roughly $290 million he spent in 2024. There is no precedent in modern American history for any donor spending as much as he has.

While the Tesla CEO and former DOGE lead has spent significantly to help Republicans, he has not been joining GOP candidates on the campaign trail this fall like he had in the past. Republicans privately acknowledged Musk could be politically toxic after the party lost a major Wisconsin judicial race in the spring of 2025 where Musk had become both the biggest funder and a campaign issue.

Still, Musk’s money has been instrumental for Republicans this fall. His earlier giving this cycle includes $158 million for Senate Republicans’ campaign arm, which was transferred to a super PAC boosting Texas Attorney General Ken Paxton, who is locked in a tight Senate race against Democrat James Talarico. Democrats have looked to make his money a campaign issue: Talarico recently responded to an attack from Musk on the Musk-owned X social media site by saying that there was “deeply wrong with a political system that allows one trillionaire to buy his own personal U.S. Senator.”

Musk has also given to House Republicans’ super PAC arm, President Donald Trump’s MAGA Inc. super PAC, and a group seeking to repeal Alaska’s ranked-choice voting system, along with a smattering of GOP candidates.

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Senate Democrats’ campaign arm takes out $15M loan

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Senate Democrats have taken out a $15 million loan as they hope to expand their map in the final days before the midterms.

The party’s campaign arm took out the loan earlier this month, according to a report submitted Thursday to the Federal Election Commission.

The Democratic Senatorial Campaign Committee spent $32 million in the first two weeks of October, with half of those funds going toward coordinated expenditures in 10 states. That includes: $4.7 million Ohio; more than $1 million in each of Iowa, Michigan, Kansas, Alaska and Maine; and additional funds in Texas, Georgia, North Carolina and New Hampshire.

The committee reported just over $20 million cash on hand as of Oct. 14, according to its FEC report.

Its GOP counterpart, the National Republican Senatorial Committee, previously took out $20 million in loans in September, according to an FEC report filed earlier this week. The DSCC has slightly trailed the NRSC in fundraising for most of the cycle, but Democratic candidates have largely outraised GOP ones across the map — in some cases, several times over.

Democrats’ candidate fundraising advantage has helped offset the GOP’s massive super PAC cash advantage since candidates, and parties working with them, get better rates for broadcast ads.

It’s not unusual for party committees to take out loans late in an election cycle to power last-minute spending. In 2024, the DSCC took out $20 million in loans.

“In the face of being outspent by GOP megadonors, Senate Democrats remain in the best position yet to win the majority, after we strategically and effectively expanded the map and sent Republicans scrambling to play defense in red states everywhere,” DSCC spokesperson Maeve Coyle said in a statement. “We will continue to use every tool at our disposal and we will win in November.”

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Kevin McCarthy predicts GOP will lose House majority

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Former Speaker Kevin McCarthy predicted Republicans will lose the House in two weeks, citing historical midterm trends while also criticizing the sitting GOP leadership for how they’ve managed the chamber.

“In the last 100 years, all off-year elections, whoever is the party in power has the White House, has lost seats, and it’s only a few seats for the majority,” McCarthy said in an interview with Bloomberg TV Thursday.

Democrats, he added, will “get a majority” in the House: “I’m not quite sure how big it is, but they will probably win the majority.”

The former speaker, who ushered in the current GOP House majority in 2022 but only led the conference for less than a year before being booted from the speakership, went on to fault his own party for giving the election away.

“It’s not that the Democrats are going to win this election,” he said. “Republicans are going to lose it.”

He pointed to the skimpy House legislative calendar as a factor. Speaker Mike Johnson and his deputies have routinely canceled scheduled session days amid member revolts that have undermined his grip on the razor-thin majority.

“You’re only given 24 months in a majority to manage it. They were in the fewest amount of days. They let the Democrats dictate,” McCarthy said. “You have to give a reason why to win. What are the three things Republicans will do if they win the majority? I can’t tell you what that is.”

Still, McCarthy cautioned that if Democrats win the House, it won’t be because they have laid out their own agenda and warned that he believes that Democrats will face their own hurdles.

“Democrats are not popular. They haven’t laid out an agenda on what they’ll do,” McCarthy said. “So they’ll have a really hard time governing in the next Congress.”

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