Speaker Mike Johnson’s (R-LA) motion for a vote on his proposed Foreign Intelligence Surveillance Act (FISA) reauthorization was defeated by his Republican colleagues on Wednesday, dealing him another setback. Nineteen House Republicans joined Democrats in defeating the rule with a vote of 228 to 193.
In response, Johnson called for a House Republican Conference meeting on Wednesday afternoon at 4:00 Eastern to regroup and work towards extending FISA’s authorization before the April 19 deadline, with some reforms. Although the House has completed its voting for the week, Republicans have time to resolve their differences. However, the future of the reauthorization in the House remains uncertain.
Johnson had aimed to address the measure on Wednesday before focusing on next week’s main action – a proposal to fund Ukraine that has yet to be revealed. Now, the embattled Speaker must adjust his schedule accordingly. The House, following a two-week recess, is set to recess again on Thursday, April 18 for another week.
Johnson emphasized the importance of not allowing FISA’s authorization to lapse, noting that despite the upcoming expiration, most surveillance activities can continue for up to a year. The debate over including a measure requiring warrants for federal agents to surveil American citizens involved in foreign surveillance will persist as a point of contention. While Johnson’s bill does not currently include such a measure, he seemed open to an amendment vote on the issue.
An amendment introducing warrant requirements would likely pass easily, although some Republicans who opposed the rule on Wednesday may push for the warrant requirement to be integrated into the underlying bill before advancing it to the floor. Johnson has the ability to circumvent a rule vote by suspending the rules, enabling a direct vote on passage that would need two-thirds support. However, achieving that level of support is probably unrealistic, and it would likely lead to a motion to vacate, potentially resulting in the end of Johnson’s speakership.
Earlier, Trump posted to Truth Social calling on the House to “kill” FISA, writing, “IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!”
The Biden administration and intelligence community have prioritized the reauthorization of FISA without a warrant requirement, and they are not expected to back down as the battle persists and intensifies.