Former GOP Congressman accuses Trump of demanding 'unconstitutional' spy powers

A battle is raging among conservatives over President Donald Trump’s demand to extend warrantless government surveillance, which former GOP Congressman Justin Amash says is an “unconstitutional” attempt to “spy like crazy.”

It all boils down to a specific part of the Foreign Intelligence Surveillance Act (FISA) known as Section 702, which since 2008 has allowed the government to warrantlessly surveil the communications of non-Americans outside the U.S. While it technically targets foreigners, in doing so, it must sweep American communications at the same time, providing a controversial “backdoor” to surveilling citizens.

Section 702 is set to expire on April 20^th, but some Republicans are pushing for an 18-month extension that is “clean” of new restrictions. Trump — who in 2024 told the GOP to “KILL FISA” — is leading the charge on that push, calling it in a post today “an effective tool to keep Americans safe” and essential for the “brilliant Military Operation in Iran.” In the same post, he made assurances that he would never abuse it, saying that he himself has been the target of a FISA investigation, but that it is “extremely important” that it is extended.

Amash doesn’t buy Trump’s promises, posting, “He wants one standard for himself (no spying) and another for everyone else (spy like crazy).” And Amash — who left the Republican Party at the end of Trump’s first term citing a desire to reject “partisan loyalties and rhetoric that divide and dehumanize us” — is in no way the lone conservative voice against the extension.

Lauren Boebert (R-CO) has long argued for the need to require judicial warrants before monitoring the communications of Americans, declaring “warrants or bust” and that a clean bill “will not pass.” Anna Paulina Luna (R-FL) has argued that she won’t vote yes unless it is tied to the approval of a controversial voter ID law.

Some Republicans who have previously voted against reauthorizing Section 702 include Andy Biggs (R-AZ), Thomas Massie (R-KY), Darrel Issa (R-CA), and Chip Roy (R-TX), and although they have declined to share how they will vote this time, they continue to express concern.

“We keep finding out over and over and over again that the FBI misused and abused its authority against American citizens,” said Biggs. “So I’m really struggling with that.”

While a handful of Democrats support the extension, many say they would need to see serious concessions if they’re going to vote yes. For most, voting yes isn’t a possibility at all.

“Personally, there’s no way I will support a clean FISA extension,” said Representative Ted Lieu (D-CA). “There’s no way I’m going to give the Trump administration this mass surveillance authority.”

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