Top Intelligence Democrat Says GOP Should Renew Spy Program Before Democrats Take Over

On Wednesday, the House Intelligence Committee's top Democrat, Rep. Jim Himes (D–Conn.), urged Republicans to "take the win" and extend President Donald Trump's warrantless mass surveillance program during the lame duck session. Section 702 of the Foreign Intelligence Surveillance Act (FISA)—a law allowing US intelligence agencies to spy on electronic communications of thousands of individuals outside the US without a warrant—expired in June.

Civil libertarians and privacy advocates have long criticized the law as unconstitutional. Seven Republicans had previously voted against renewing Section 702, defying Trump. However, Himes, a strong proponent of Section 702, is among its most vocal defenders, even if it means supporting warrantless spying for a leader he once labeled a "dictator."

With Democrats set to assume control of the House and Senate, Himes suggests that his Republican colleagues "get this thing done in the lame-duck because it's going to be a very different 702 that gets reauthorized in the first quarter of next year," as reported by The Hill. President Trump, who opposed Section 702 during the Biden administration, now supports the program, deeming it crucial for national security.

While congressional support for the program has typically followed partisan lines, Himes is more comfortable with warrantless surveillance than many of his Democratic peers. He has called Section 702 "the country's most rigorously overseen" surveillance program and stated in WIRED that he has seen "zero evidence of abuse." In April, Himes was the only member of his state's congressional delegation to back the program's renewal, objecting only when Trump briefly placed Bill Pulte, a Federal Housing Finance Agency official, in charge of national intelligence.

Upon assuming the chairmanship of the House Intelligence Committee in January, Himes announced his plans for "aggressive" oversight of Trump's intelligence activities, including reviewing the CIA's covert overseas operations and investigating potential pressure on intelligence analysts to write reports aligned with senior administration officials' objectives.

However, civil liberties groups are condemning Himes' final-hour plea to renew Section 702. A coalition, including Demand Progress, the American Civil Liberties Union, and others, sent a letter to congressional leaders urging them to postpone FISA reauthorization until the next Congress. They argue that Section 702 has been used in recent years to spy on protesters, elected officials, and journalists.

The letter states, "No member of Congress knows who will occupy the White House in the years ahead, and constitutional protections should not depend on who is president." Himes' recommendation has drawn criticism, with Demand Progress senior policy advisor Hajar Hammado calling him out for betraying his party and the American people, stating that his initial response to the election outcome was to urge Republicans to grant Donald Trump and Stephen Miller mass surveillance powers.