Congress
White House wants a reprieve in spy-powers fight that is splitting the GOP
Some of Donald Trump’s biggest loyalists in Congress are itching to rein in federal surveillance powers. So far his administration isn’t biting.
Instead, the White House is quietly pushing for a key spy authority to be extended as is into 2027, according to five people granted anonymity to discuss the private talks. The length of that “clean” extension is still under discussion, but the administration wants at least 18 months, according to three of the people.
Stephen Miller, the influential senior White House domestic policy adviser, is a leading advocate within the administration for extending the program that lets the government collect the data of noncitizens abroad without a warrant, according to two of the five people. One of the people said that Miller sees the spying statute under Section 702 of the Foreign Intelligence Surveillance Act, or FISA, as critical to a variety of homeland security missions.
The behind-the-scenes push comes as Congress barrels toward an April 20 deadline to reauthorize Section 702, which is itself a perennial source of intraparty tension for the GOP. Even as some Hill Republicans believe that Trump supports a clean extension, others cautioned there are still two months to go and things will remain in flux until the president weighs in publicly — underscoring the fraught nature of the discussion.
But if Trump embraces the view held by Miller and other administration officials, it would be a major win for the intelligence community and its allies in Congress, who have fretted for months that Trump’s stated hatred of the broader FISA law could tank hopes of getting any reauthorization of the warrantless spy provision over the finish line.
On the other hand, it’s likely to be a major problem for Speaker Mike Johnson, a former Judiciary Committee member who frustrated conservative hard-liners in 2024 when he sided with the Intelligence Committee and cast the deciding vote to reject a new policy requiring law enforcement to obtain a warrant before searching for Americans under Section 702 surveillance.
GOP leaders are involved in conversations with House Republicans about how to reauthorize the program, but there is not yet a consensus on how to move forward ahead of the April deadline.
Ultimately, there’s no easy path to pass a clean extension in the House. One of the people with knowledge of the discussions said GOP leaders are “going to have a problem” trying to unite Republicans behind a special “rule” allowing for an up-or-down floor vote on a clean extension, which are typically party-line affairs.
But Republicans also believe that with Trump in office, a number of Democrats who previously supported leaving Section 702 intact will now support putting more fetters on intelligence agencies — making the alternative route, a two-thirds-majority bipartisan vote under suspension of the rules, all but impossible.
Asked about trying to pass a clean 702 extension, House Intelligence Committee Chair Rick Crawford (R-Ark.) said in an interview that “we’re still shopping that.”
“I have a responsibility to … run the play that the coach calls, so we’ll see,” he said, acknowledging that while he’s “not a mathematician” that it’s unlikely any bill will be able to clear the two-thirds hurdle for speedy passage.
Across the Capitol, Senate Intelligence Committee Chair Tom Cotton (R-Ark.) has been pitching a clean 18-month extension, with some members of his panel interested in going even longer. But lawmakers have also grown frustrated after administration officials were evasive about their position in recent Capitol Hill meetings, with one person saying Wednesday they still had not been informed of the White House’s official posture.
Intelligence officials have argued in public that the 702 program is critical to stopping a wide range of national security threats, from narcotics trafficking and weapons proliferation to cyberattacks and terrorism. U.S. spy agencies are also authorized to use the authority to vet foreigners trying to enter the country or seeking certain benefits under federal immigration law.
Miller was one of the architects of the Trump administration’s policy of bombing suspected drug trafficking boats in the Caribbean and the Pacific under the controversial legal theory that their crews were “combatants” in an armed conflict against the U.S.
The White House did not provide a comment about its position on extending the program. The Office of the Director of National Intelligence did not respond to a request for comment.
Beyond the surveillance policy itself, any 702 extension will face other problems getting through the House: Trying to pass a bill under a rule would give an opportunity to Rep. Anna Paulina Luna (R-Fla.) and her allies to make good on their threat to attach a partisan voting bill, the SAVE America Act. If that effort were successful, it would kill the ability for Republicans to get the Democratic votes they will inevitably need to pass the legislation in the House.
Lawmakers at the heart of the debate know they are quickly running out of time to figure out a strategy. The House is planning to be out of session for three of the coming eight weeks before Section 702 expires.
“April 20 is the deadline, so we’ve got to work fast,” Crawford said, adding that “obviously the White House has vested interest in retaining 702, authority. It’s a national security issue. So, you know, it’s very important to them.”
Crawford and Judiciary Committee Chair Jim Jordan (R-Ohio) are in talks over a potential compromise effort that could put new guardrails on Section 702 surveillance. They’ve participated in a joint meeting at the White House and held staff dinners to try and feel out a compromise — which would be a huge relief for Johnson if it could come together.
But the two panels have historically diverged, particularly on the warrant issue. There’s already skepticism that Jordan or his panel’s members will drop their demands to require warrants in relation to Americans caught in the surveillance data just because the White House is pushing for a clean extension.
Jordan indicated to POLITICO late last year that he was hoping to get a warrant requirement written into law, along with a separate proposal banning data brokers from selling information to law enforcement without a warrant.
But he was more general in comments last week, where he noted there are ongoing conversations about possible additional changes Congress could make while also offering a more measured assessment of the overall program.
“We know 702 is important,” Jordan said. “We know it needs to get reauthorized. We’re committed to getting that done. We just want to do it in the best way possible so that you can get the bad guys, know what the bad guys are doing overseas, but also protect Americans, and I’m confident we’ll get there.”
But some hard-liners in both chambers are as insistent as ever on the need for a warrant requirement.
Rep. Andy Biggs (R-Ariz.) asked Attorney General Pam Bondi about it during her appearance last week before the House Judiciary Committee. And Sen. Mike Lee (R-Utah) said Congress “has no business” reauthorizing Section 702 without adding a warrant requirement for searches involving U.S. persons — a provision that supporters of the program believe would be unworkable.
Lee and Sen. Dick Durbin of Illinois, the top Democrat on the Senate Judiciary Committee, are planning to revive a bill that would extend Section 702 with changes, including a warrant requirement for searching the content of communications involving Americans, according to a person granted anonymity to disclose the unannounced effort.
“I think a lot of members still want to be able to have some semblance of a warrant requirement when it comes to FISA 702 uses,” Rep. Byron Donalds (R-Fla.) said. “I don’t really see that changing anytime soon.”
Congress
Nancy Pelosi and other Democrats call on Swalwell to end governor campaign
Former Speaker Nancy Pelosi headlined a growing list of Democratic lawmakers who called Friday on Rep. Eric Swalwell to withdraw his campaign for California governor amid allegations of sexual misconduct.
“This extremely sensitive matter must be appropriately investigated with full transparency and accountability,” Pelosi said in a statement. “As I discussed with Congressman Swalwell, it is clear that is best done outside of a gubernatorial campaign.
The San Francisco Chronicle reported Friday that a former congressional aide accused the congressman of two sexual encounters without her consent, beginning in 2019. BLN later reported that four women allege that Swalwell has committed sexual misconduct, including one former staffer who accuses Swalwell of rape.
Swalwell denied the allegations in a statement.
“These allegations are false and come on the eve of an election against the frontrunner for governor,” he said. “I will defend myself with the facts and where necessary bring legal action.”
Key backers of Swalwell’s governor bid swiftly revoked their support after the Chronicle’s story was published, including Reps. Jimmy Gomez (D-Calif.) and Adam Gray (D-Calif.), who served as campaign co-chairs.
“Today’s reports about Eric Swalwell’s conduct while in office are deeply disturbing,” Gray said in a statement. “Harassment, abuse, and violence of any sort are unacceptable. Given these serious allegations, I am withdrawing my support and Eric Swalwell should end his campaign immediately.”
But nothing underscored the peril for Swalwell’s nearly two-decade political career as vividly as Pelosi’s statement. The former speaker included Swalwell in her inner circle of favored Democratic members for years, tapping him for junior leadership roles and to serve as a manager in Donald Trump’s second impeachment trial in 2021.
The situation also presents a predicament for the sitting House Democratic leaders, who have insisted on letting a full Ethics Committee investigation play out before supporting formal discipline against another House Democrat accused of misconduct, Rep. Sheila Cherfilus-McCormick (D-Fla.).
A spokesperson for Minority Leader Hakeem Jeffries called the allegations “serious” and said they require “a serious and thorough investigation.”
“These brave women must be heard and respected,” the spokesperson, Christie Stephenson, said in a statement. “It is imperative that the inquiry follow the facts, apply the law and take place immediately.”
House Republicans already began discussing Friday evening the likely scenario that one of their own members will bring a censure effort against Swalwell, according to three people granted anonymity to describe private conversations.
Rep. Anna Paulina Luna (R-Fla.) said in an interview that she was weighing a censure and other action against Swalwell based on the reports of sexual assault allegations against him.
Luna said she would act “if there is evidence brought forward.”
The internal consequences could start playing out as soon as the House returns to session Tuesday, but a wave of top California Democrats immediately dropped their endorsements of Swalwell, including Rep. Ted Lieu, the No. 4 Democrat in House leadership.
Rep. Ro Khanna (D-Calif.) likened the situation to his push for transparency around disgraced financier Jeffrey Epstein and called for “appropriate” House and law enforcement investigations.
“No one in a position of power should be allowed to act above the law or with impunity,” he said in a statement. “It doesn’t matter what office you hold, how wealthy you are, or which political party you align with. The same rules must apply to Eric Swalwell.”
Meredith Lee Hill and Hailey Fuchs contributed to this report.
Congress
Trump endorses ‘focused’ immigration enforcement funding bill
President Donald Trump gave his blessing Friday afternoon for a party-line package focused narrowly on immigration enforcement — in a boost to Senate GOP leaders amid the Department of Homeland Security funding stalemate.
Trump’s comments came after he met Friday with Senate Budget Chair Lindsey Graham of South Carolina and Senate Majority Whip John Barrasso of Wyoming. The two lawmakers went to the White House to pitch Senate GOP leadership’s plan to restrict the party’s filibuster-skirting effort to only funding for Immigration and Customs Enforcement and parts of Customs and Border Protection.
“Reconciliation is ON TRACK, and we are moving FAST and FOCUSED in keeping our Border SECURE, and getting funding to the Department of Homeland Security and the Justice Department to continue our incredible SUCCESS at MAKING AMERICA SAFE AGAIN!” Trump wrote on Truth Social.
Trump had previously backed using reconciliation to pass funding for immigration enforcement after it became clear Democrats would not agree to reopen those shuttered operations within DHS without a deal for more guardrails on ICE and CBP. But the president’s post Friday, which hammered home the preference for focusing the bill on this issue, is a significant boost to GOP leaders as they face calls from some of their members to broaden the scope of any reconciliation measure.
Some Republicans have called for funding all of DHS through reconciliation. The Senate previously passed a bipartisan deal that would reopen the department except for ICE and Border Patrol, but it has stalled in the House as hard-liners demand the Senate first pass the immigration enforcement funding.
Graham, whom Trump also re-endorsed Friday, is responsible for crafting the budget resolution that will allow the party to begin the reconciliation process — its second time using this maneuver in addition to last year’s tax and spending megabill. He is expected to tap the Judiciary Committee and the Homeland Security and Governmental Affairs panel to draft the immigration enforcement measure.
Senate Republicansare expected to not include pay-fors for the funding, arguing that it would have gone through the appropriations process were it not for opposition from Democrats. They’ll need sign-off from their own conservatives and the right-flank in the House for such a plan.
Trump also reiterated Friday that he wants the bill on his desk by June 1, adding that Republicans won’t need Democrats’ votes “as long as Republicans UNIFY, and stick together.”
The White House did not immediately respond to a request for comment.
Myah Ward contributed to this report.
Congress
These Republican-on-Republican disputes are keeping Congress frozen
Republican infighting is leaving Congress in legislative limbo.
While there are plenty of partisan disputes that have frustrated Capitol Hill — such as the nearly two-month shutdown of the Department of Homeland Security — divisions between House and Senate Republicans have been the more significant obstacle for a laundry list of stalled legislation that could otherwise sail to President Donald Trump’s desk.
Trump could intervene to settle many of these disputes, but he has kept his distance in most cases. That has left each chamber pushing ahead with their own proposals — and against their counterparts in the other chamber.
In the one instance where the president appears truly invested, in passage of a sweeping GOP elections bill, his fixation has only made the intraparty divisions worse.
Lawmakers will return to Washington next week with the pre-midterm legislative calendar dwindling and leaders eyeing action on at least one party-line budget reconciliation bill — a time-consuming process that could make it even tougher to find consensus on these pending items:
Housing affordability
With cost-of-living concerns dominating the pre-midterm political landscape, a bipartisan effort to address housing prices should be a no-brainer, but disputes over niche policy provisions are holding up dueling House and Senate housing packages.
The Senate passed a bill last month that includes a temporary ban on central bank digital currency as well as a provision restricting large investors from owning more than 350 homes. Both provisions face serious opposition from House Republicans, who joined with Democrats in their chamber to pass their own bill in February.
While the Senate wants the House to accept its version, House Financial Services Chair French Hill (R-Ark.) and others in the GOP are pushing for the two chambers to go to conference — potentially adding months to the process.
Aviation safety
Legislation aiming to respond to the deadly crash near Ronald Reagan Washington National Airport last year is stuck in a battle of wills among GOP committee chairs. A bill backed by Senate Commerce Chair Ted Cruz (R-Texas) appeared set for Trump’s desk earlier this year until the heads of two key House committees, Armed Services Chair Mike Rogers (R-Ala.) and Transportation and Infrastructure Chair Sam Graves (R-Mo.), came out against it, causing the measure to fail on the House floor.
The Senate bill’s requirement for advanced aircraft location-alerting technology has been one of the biggest points of contention among Republicans, with the House version of the bill opting for more open-ended language. The House bill focuses on a different technology, which major aviation labor groups argue wouldn’t have prevented the Washington disaster.
Cruz has called the House rejection of his ROTOR Act a “temporary delay,” but the House chairs are pushing forward with their own ALERT Act, with a floor vote expected Tuesday. How the policy disputes will be settled from there remains uncertain.
College sports
Trump has taken a keen interest in college athletics, issuing a flurry of executive orders on this topic. But Congress has struggled to act on legislation tackling the controversial “name, image and likeness” regime for compensating student athletes
House Republicans last year made a push for the SCORE Act, which would create new standards for how college athletes are paid and give antitrust exemptions, before opposition from hard-liners and many Democrats put it on ice.
While there has been new chatter about putting it on the floor this month, the bill is dead on arrival in the Senate, where Cruz and Sen. Maria Cantwell (D-Wash.), the top Commerce Committee senators, have warned the measure doesn’t have enough support. The two are discussing ways to address NIL concerns but have yet to produce a bill.
Tech regulation
The House and Senate have failed to reach consensus on a number of tech-industry flashpoints, including artificial intelligence and children’s online safety.
The House GOP largely wants to codify a Trump executive order creating a national AI rulebook, but some Senate Republicans appear concerned that the president’s plan could limit state-level regulations the White House wants to override.
There’s a similar standoff over online safety bills. The Senate cleared a privacy bill by unanimous consent, but the House hasn’t taken it up and instead is pushing ahead with a package that doesn’t include key Senate-passed provisions.
One of the key differences is on state preemption — included in the House version but not the Senate version. Another dispute is over “duty of care” language in the Senate bill that requires tech companies to design their platforms with an eye toward preventing harm to children. Senate Majority Leader John Thune floated pairing AI legislation with kids online safety legislation in an interview earlier this year.
And then there’s cryptocurrency: A closely watched “market structure” bill is stuck for now in the Senate after it was excluded from a landmark crypto bill signed into law last year despite a push in the House.
The Trump administration is increasing pressure, with Treasury Secretary Scott Bessent saying Thursday that “Senate time is precious, and now is the time to act.”
Elections oversight
Conservative lawmakers and Trump have joined forces behind the SAVE America Act — a GOP bill aimed at fully eliminating noncitizen voting — as a top-level, must-pass agenda item even as many Senate Republicans doubt it can ever skirt their chamber’s 60-vote filibuster threshold.
Trump views the bill as his “No. 1 priority,” and House hard-liners are pushing for a filibuster workaround. Sen. Mike Lee (R-Utah) has pushed to force Democrats into a “talking filibuster” where they would have to hold the floor to block the bill, and the Senate will resume debate early next week with no indication of when GOP leaders will choose to hold a likely doomed vote and move on.
Some Republicans, including Senate Budget Chair Lindsey Graham of South Carolina, want to try to pass parts of the bill through the reconciliation process later this fall. But hard-liners view that as a nonstarter because most of the bill likely violates the strict Senate rules governing the party-line reconciliation process.
DHS funding
There’s no bigger dispute for House and Senate Republicans to settle than DHS funding, which has already been subject to nearly a month of back-and-forth.
A Senate-passed bill delivering funding for all of the department save for immigration enforcement agencies is currently held up in the House. Republicans there aren’t enthused about a plan that would instead fund ICE and other agencies through the reconciliation process — an idea Speaker Mike Johnson called “garbage” before flipping in support.
Now, many House Republicans want their Senate counterparts to pass immigration enforcement funding before the House passes the balance of DHS spending. The hard-line Freedom Caucus has gone further, demanding GOP leaders fund all of DHS through reconciliation.
As party leaders make plans to pass a narrowly targeted reconciliation bill ahead of a Trump-imposed June 1 deadline, most Senate Republicans want the House to fund most of DHS now — or risk prolonging the infighting that even one GOP senator called a “circular firing squad.”
Katherine Hapgood, Gabby Miller, Alfred Ng, Nick Niedzwiadek and Sam Ogozalek contributed to this report.
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