Rep. Devin Nunes said Thursday that Republicans’ concerns about intelligence leaks targeting President Trump are jeopardizing congressional reauthorization of crucial government surveillance tools.
Section 702 of the Foreign Intelligence Surveillance Act allows the National Security Agency to monitor telephone communications and Internet data generated by foreign nationals.
It is valued by national security experts for its ability to scoop up vast sums of information that can be used to spy on American adversaries and identify terror plots. But it can also incidentally scoop up Americans who speak with foreign nationals. Including, potentially, a newly elected president and his associates.
Nunes, the House Intelligence Committee chairman and California Republican who supports re-authorizing “702” before it expires at year’s end. But he said its fate is in doubt.
“Right now, there’s not the votes for it,” Nunes told the Washington Examiner. “I don’t know where you would find 218 votes today to reauthorize 702.”
The congressman said that the existence of what he believes was improper monitoring of Trump and his transition team leading up to the president’s Jan. 20 inauguration is giving them pause. This led to what may be the illegal unmasking and leaks of communications of Trump transition officials who were swept up in otherwise legal surveillance of foreign nationals.
Democrats and Republican civil libertarians typically have qualms about 702 and have voted against the provision in the past. Although limited to collecting intelligence on foreigners, they believe Americans get caught up in those sweeps in violation of the Constitution, and that the information is abused.
But most Republicans in the House and Senate in the past could be counted on to provide the votes to keep the program alive, influenced by the memory of the Sept. 11, 2001, terrorist attacks and the ongoing threat of domestic terror strikes. Plus, Republicans often emphasize, surveillance is prohibited without a warrant granted by a FISA court.
“Clearly we have to get it reauthorized. That’s why I think it’s good the NSA is being very forthcoming and they’re working with us closely,” Nunes said, adding that it would be “very damaging” to U.S. national security if 702 lapses.
The House Intelligence Committee is investigating Russian meddling in the 2016 election, which Democrats believe could uncover that Trump associates colluded with Russian operatives to defeat Hillary Clinton.
As a part of that inquiry, and of more concern to Republicans, the committee is examining unauthorized intelligence leaks of Trump associates. On Monday, the panel questioned FBI Director James Comey and NSA Director, Admiral Mike Rogers, about both topics in an unusual public hearing.
