Mike Johnson faces FISA mayhem

A key procedural step to extend U.S. government spy powers ahead of next week’s deadline is in limbo as members of the House Rules Committee Tuesday night paused their work on the legislation.

GOP leaders are trying to figure out how to get enough support for a clean extension of Section 702 of the Foreign Intelligence Surveillance Act that’s a priority for President Donald Trump, despite opposition from House GOP hard-liners.

Senior Republicans are planning to reconvene the panel at 10:15 p.m. Tuesday to try to make progress, and Republicans privately say they are closer to an agreement, according to five people.

House GOP leaders appear more open to discussing an amendment involving warrants, and hardliners also want a previously promised ban on a central bank digital currency to advance through some vehicle. In exchange, House GOP leaders are pushing for a longer extension than 18 months.

Speaker Mike Johnson wants to put a clean, 18-month FISA extension on the House floor Wednesday with the goal of final passage before the program expires April 20. But at least a dozen GOP hard-liners are vowing to oppose a procedural vote if they’re not given the chance to amend the legislation.

GOP leaders can lose two Republican votes on the committee and still advance the measure.

The next hurdle will be passing the party-line procedural vote on the House floor. Several Republicans, including Reps. Andrew Clyde (R-Ga.), Tim Burchett (R-Tenn.) and Lauren Boebert (R-Colo.), suggested they would be open to tanking the rule vote on the floor with Johnson’s razor thin majority.

Rep. Ralph Norman (R-S.C.), a Rules Committee member, said in an interview he told the White House he would vote against the clean 18 month extension unless an amendment to prohibit warrantless surveillance of Americans was added.

“What I want is a FISA amendment for warrants,” Norman said. “You get that, we’ll be good.”

The problem for House GOP leadership, however, is that a warrants amendment is likely to pass if they allow a vote on it, scuttling Trump’s demand for a clean extension. Some Republicans also want an amendment to prevent third-party data brokers from selling information to the federal government, according to five people involved in the talks.

Administration officials invited some of the GOP holdouts to a 6:30 p.m. meeting at the White House Tuesday night, but many of them went instead to the regular meeting of the House Freedom Caucus a few blocks from the Capitol to discuss their own plans.

Judiciary Chair Jim Jordan (R-Ohio), one member who has supported the White House’s position of a clean extension, was at the Freedom Caucus’ meeting Tuesday night.

GOP leaders have been privately discussing a backup option of a shorter extension, such as 12 months, which some conservatives are open to. But several holdouts said that would not be enough to get their support.

“I don’t think a clean extension has the votes to pass,” Clyde said. “No matter how long it is.”

House GOP leaders have also discussed simply putting a rule for the clean extension on the House floor Wednesday, and letting Trump see who opposes it, before they pursue any backup plans.