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White House wants a reprieve in spy-powers fight that is splitting the GOP

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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.”

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Congress

Problem Solvers Caucus launches AI working group

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The bipartisan House Problem Solvers Caucus launched a working group to address artificial intelligence and other evolving technologies, the group announced Thursday.

The working group comes as Congress grapples with public alarm over the growing capabilities of AI and claims it could doom humanity, and the need to advance the powerful technology faster than China.

The new group is meant to toe the line between safety and development.

The group will be co-chaired by Reps. Mike Lawler (R-N.Y.) and Josh Gottheimer (D-N.J.), who also co-chairs Democrats’ AI commission.

“One thing is clear: getting AI policy right is critical to our future — to American children, families, our national security, and our global competitiveness,” Gottheimer said in a statement. “We can win the AI race — but we must do it in a smart way with commonsense guardrails and rules of the road.”

“Artificial intelligence is transforming our economy, workforce, and national security, and the United States must lead, not China,” Lawler added. “We need commonsense guardrails that protect Americans, empower workers and small businesses, and ensure AI remains secure, transparent, and trustworthy.”

Reps. Hillary Scholten (D-Mich.) and Blake Moore (R-Utah) will serve as the group’s vice chairs, with Reps. David Joyce (R-Ohio), Susie Lee (D-Nev.), Rob Bresnahan (R-Pa.), Steven Horsford (D-Nev.), Tom Kean (R-N.J.), Angie Craig (D-Minn.), Maria Salazar (R-Fla.) and Scott Peters (D-Calif.) rounding out the body.

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Florida Republican criticizes Trump on immigration in campaign ad

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Rep. Maria Elvira Salazar (R-Fla.) forcefully pushed back against President Donald Trump’s deportation agenda in a campaign ad released on Thursday, a rare rebuke of the White House’s aggressive immigration policy from inside the Republican Party.

“Mr. President, some of your immigration enforcement efforts have gone too far,” she told Trump in a straight-to-camera video that is airing on television in the Miami market, according to the ad tracking firm AdImpact.

The criticism from Salazar, who represents a red-leaning district based in Miami-Dade County, comes with Republicans increasingly worried that concerns over the economy and the president’s immigration crackdown will roll back gains the party made with Hispanic voters in the general election two years ago.

Trump’s strong rhetoric on immigration helped propel him to the White House in 2024. But he’s seen his standing on the issue drop massively in the wake of an ill-fated surge of immigration enforcement into Minneapolis last winter that resulted in the deaths of two American protesters, Renee Good and Alex Pretti.

Even as the White House has sought to dampen public criticism of its mass deportation campaign, just a fourth of Trump’s 2024 voters told a POLITICO poll in August that the president’s push has been too aggressive, numbers that roughly matched totals from January and April polls.

“Be careful what your advisers are telling you about immigration policy,” Salazar said in the ad. “The same Hispanics who helped you get to the White House in 2024 feel betrayed today.”

She also released a similar ad in Spanish.

Trump endorsed Salazar in February. But the three-term lawmaker, whose district is dominated by Latino voters, has not thrown her full support behind him on immigration. Still, Eliott Rodriguez, her Democratic opponent in the November election, has said she has failed to stand up to the president.

Salazar’s seat is not considered among the core battlegrounds in November; Trump won the district — which was only nominally reshaped during Florida’s recent gerrymander — by more than 14 points in 2024, according to calculations from The Downballot. But her Democratic challenger has recently circulated internal polling showing the race as a tossup.

The White House did not immediately respond to a request for comment.

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Capitol agenda: China fears drive AI divide

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Americans — and Congress — are divided on whether it’s acceptable to fall behind other countries in the race to develop advanced artificial intelligence.

And that fear of international competition is emerging as a key point of tension slowing down any path to AI safety legislation.

Even as almost two thirds of respondents in a new Blue Light News poll said there’s a real possibility that AI could destroy humanity, they’re split on whether it’s acceptable to slow down and potentially fall behind other countries like China in an AI arms race.

A plurality, 43 percent, say it is okay for the U.S. to fall behind if that means developing AI more responsibly and securely, while 37 percent take the opposite view. Voters who backed Donald Trump in 2024 favor the competition-first position by 50 percent compared to just 34 percent of Kamala Harris voters.

Republican Energy and Commerce Chair Brett Guthrie argued the U.S. cannot risk Chinese AI dominance, and that AI legislation is too complex to rush — even if that means pushing off until next year consideration of a measure by his panel.

“We absolutely can’t surrender,” he said Wednesday at Blue Light News’s Decoded Summit.

Meanwhile, the head of the Congressional Progressive Caucus said competition isn’t a reason to avoid guardrails.

“The AI race is not an arms race that you win,” Rep. Greg Casar said at the Decoded Summit.

Other lawmakers from both sides of the aisle are trying to strike a balance. Rep. John Moolenaar, chair of the House Select Committee on the Chinese Communist Party, acknowledged lawmakers “do have a responsibility for public safety” while saying it was also important to “beat China when it comes to the AI race.”

Still, the emerging divisions spotlight a long road ahead for any consensus from Congress.

An attempt to quickly pass a bill requiring companies to build a “kill switch” into their AI models from Republican Sen. John Kennedy was blocked Wednesday by Sen. Rand Paul on the chamber’s floor.

And while Guthrie’s Senate counterpart, Commerce Chair Ted Cruz said Wednesday his hope was still to mark up this month a bipartisan AI safety bill from Majority Leader John Thune and Sen. Amy Klobuchar, lawmakers haven’t reached agreement to finalize the measure. Thune himself said Wednesday he was unsure it would happen before the midterms.

Cracks are also starting to show among the leading AI companies on what role they want Congress to play.

One example: Anthropic’s policy chief Sarah Heck declined at Blue Light News’s summit to endorse a proposal for congressionally mandated independent AI monitoring — a day after competitor OpenAI endorsed it. The proposal is a key provision in Reps. Jay Obernolte and Lori Trahan’s bipartisan AI safety measure.

The House’s early dismissal Wednesday only added to time pressure on lawmakers, who will return to a lame duck session with an already full calendar.

What else we’re watching: 

— LEE BULLISH ON PERMITTING: Energy and Natural Resources Chair Mike Lee told fellow Republicans during a closed-door lunch Wednesday he is “guardedly optimistic” that negotiators will reach a long-sought deal on a bill to ease permitting approval for energy projects. “We were told today that the Democrats are going to agree to a permitting bill, and it’s going to be drafted and ready for us to vote on,” Kennedy said in an interview. Still, the top negotiators have yet to clinch an agreement, meaning the timeline could slip until after the midterms.

— SPY LAW TIMING UNCLEAR: The Office of the Director of National Intelligence recently warnedCongress that if it doesn’t vote on a controversial surveillance law by Nov. 20, the program could go dark, but it’s unclear congressional leadership can meet that deadline. Thune told reporters this week that there is an “interest” in trying to get Section 702 of the Foreign Intelligence Surveillance Act reauthorized, but didn’t commit to getting a vote before the midterms. With the House gone, reauthorization will wait until at least mid-November, regardless.

 

Riley Rogerson, Mia McCarthy, Anna Wiederkehr, Jordain Carney, John Sakellariadis and Josh Siegel contributed to this report.

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