WASHINGTON — Most Democrats in Congress found it easy to support warrantless surveillance of American citizens when it last came up for a vote under then-President Joe Biden in 2024. Giving President Donald Trump the same power is proving to be a harder sell.
Since 2008, Section 702 of the Foreign Intelligence Surveillance Act has given the country’s intelligence agencies the power to spy on foreign communications transmitted through U.S. telecom infrastructure, a power that incidentally captures lots of American data that law enforcement can then search.
With Trump loyalists running the Justice Department as a vehicle for the president’s grievances, Democrats are increasingly skeptical the government can use its powers in an even remotely trustworthy fashion.
“These people have weaponized the criminal justice system, and they simply cannot be trusted to protect the privacy and the civil liberties of the American people,” House Democratic leader Hakeem Jeffries (D-N.Y.) told reporters this week.
Republicans are struggling to reach a deal even amongst themselves, putting the continued existence of the powers in jeopardy. Despite Trump urging a clean extension, a small group of far-right Republicans has insisted on requiring law enforcement to get a warrant to search the communications of American citizens.
