Late last night (midnight) the House members were called back to session in order to vote on a procedural rule to facilitate a negotiated FISA(702) extension.  The advancement vote failed to pass the House (200-220) collapsing the bill, which is not a bad outcome all things considered.

House Republican leaders posted a compromise FISA amendment just before 11 p.m., and then called the House members to vote.  The Amendment would have extended FISA (702) for five years and did include language that would have strengthened criminal penalties for misuse of the program, and some language that would have required warrants under certain circumstances.

However, there is strong opposition in the House to a FISA(702) extension that doesn’t contain a full warrant requirement when the FISA search targets, directly or indirectly, an American citizen. A rather eclectic group of Republicans including: Brian Fitzpatrick (Pa.), Andy Harris (Md.), Darin LaHood (Ill.), Thomas Massie (Ky.), Mariannette Miller-Meeks (Iowa), Zach Nunn (Iowa), Andy Ogles (Tenn.), Scott Perry (Pa.), John Rose (Tenn.), Keith Self (Texas), Mike Turner (Ohio) and Jeff Van Drew (N.J.) voted against the bill.

Leftists are voting against anything Trump supports, though there are some democrats who are consistent in their efforts to stop FISA (702) for many years.  You can tell from the Republicans who opposed last night’s bill, that there is also a wide divergence of opinion on the issue.

My personal opinion is that most of the legislature, both parties, don’t have any honest understanding of how FISA (702) is used, has been used, and will likely continue to be used. While this effort at reauthorization may have failed, it’s not really a bad thing and more time for lawmakers to get educated on the core issue is always a good thing.

The root of the issue is the Fourth Amendment and ultimately the process that FISA (702) touches on, which is electronic surveillance.

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My personal opinion on the FISA-702 reauthorization is well known {GO DEEP}.  However, I am not naïve enough to believe there is enough DC support to stop it. {GO DEEP} That said, I am disappointed the reauthorization will not be attached to the Save America Act as leverage.

[Via Truth Social] – “I am working very hard with our Great Speaker, Mike Johnson, along with Chairman Jim Jordan and Chairman Rick Crawford, to get a clean extension of FISA 702 through the House of Representatives this week. I am asking Republicans to UNIFY, and vote together on the test vote to bring a clean Bill to the floor. We need to stick together when this Bill comes before the House Rules Committee today to keep it CLEAN!

I was a victim of the worst and most illegal abuse of FISA in our Nation’s History, by Radical Left Lunatics, who lied to the FISA Court to spy on my 2016 Presidential Campaign in their attempt to RIG the Election in favor of Crooked Hillary Clinton. Their use of this instrument in the 2020 Presidential Election was even worse! When the Dirty Cop, James Comey, the failed Head of the FBI, went after me, he was using FISA Title I, the Domestic Collection, not FISA 702, the Foreign Collection, which needs to be extended today.

While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk that as a Citizen in order to do what is right for our Country.”

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During congressional testimony today, Texas Representative Dan Crenshaw, a man who is leaving congress at the end of this term having lost his primary race, took the opportunity to question FBI Director Kash Patel about FISA-702.

As most are aware the reauthorization of FISA-702 has a deadline if mid-April this year, and there is a great deal of background debate surrounding it.  Apparently, Dan Crenshaw wants to ensure the renewal is successful.

Crenshaw begins his defense by asking a very specific question to FBI Director Kash Patel about President Trump’s Crossfire Hurricane targeted and whether FISA-702 was related to that investigation.  Here it is important to remember that the NSA database was exploited in 2016 (Spygate) that ended with the Title-1 FISA warrant (Russiagate).

Both are correct in that FISA-702 was not the legal underpinning for the Carter Page FISA warrant, ultimately targeting Donald Trump.  However, conveniently omitted in the questioning is the original surveillance of the 2016 GOP candidates from November 2015 through April 2016 that did involve exploitation of the database under the justification that FISA-702 creates.  WATCH:

These are not “myths” Mr Crenshaw.  You are both correct that there is no “authority granted under 702” to conduct surveillance.  However, in 2016 conducting surveillance using 702 as a justification is what took place.

The collection of American citizen metadata does factually take place. At this point no-one denies it.

That data is then stored in a searchable database, a library of U.S. citizen data colloquially known as the “NSA database”.

Within the NSA database that metadata collection creates, there is a process to search it based on “identifiers.”

The collection of data, the database itself, as well as the search functioning therein, is part of the toolbox for FISA-702 surveillance.

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Apparently, the Senate and House intelligence committees are very concerned about what Director of National Intelligence Tulsi Gabbard is doing. Almost every tweet from Senator Mark Warner in the past 48 hours has been about DNI Tulsi Gabbard.

What seems to worry them the most is that they don’t know exactly what she is doing.  Triggered by Senate Select Committee on Intelligence (SSCI) Vice-Chairman Mark Warner, the Democrats are now demanding Director Gabbard tell them her intentions and her itinerary so they can monitor her activity.  Tulsi Gabbard continues to review internal government activity without consulting them.

[SOURCE]

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The tenuous legal theory permitting the U.S. government to conduct surveillance on U.S. citizen data (emails, texts, phone calls, messages etc.) rests on the unconstitutional ability of the government to intercept your “private papers” with the use of the Foreign Intelligence Surveillance Act, specifically FISA-702.  The “702” aspect is the term for U.S. citizen intercepted.

The authority for the United States government to capture the electronic records of all Americans without warrant falls under the auspices of FISA-702.  The current authority expires in April of 2026.  The 702 authorities have been abused to conduct political surveillance for just about everything in Washington DC.  Millions of unauthorized searches have been identified; it is unconstitutional.

Politico, an outlet for the concerns of the administrative state, begins the new year by noting there is increased resistance to the reauthorization.  However, in order to carry out the domestic national security agenda of the Trump administration, the Deep State considers JD Vance, Marco Rubio and others as likely supporters for reauthorization.

(Politico) – […] During the last reauthorization debate in 2024, then-candidate Trump urged Congress to “kill” the Foreign Intelligence Surveillance Act, the larger spy law that Section 702 is nested under. Trump’s decision frustrated supporters of the program — in part because they believe he conflated the foreign-target spy program with the broader surveillance law that was not up for reauthorization.

A crucial Biggs-sponsored House amendment that would have added a warrant requirement for any communications involving Americans failed on a 212-212 tie, with Speaker Mike Johnson casting a rare and decisive vote to kill it.

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Tina Peters is a gold star mom who was a former Mesa County, Colorado, clerk during the 2020 election.

Mrs Peters, age 70, is serving a nine-year prison sentence in Colorado state prison after her politically motivated conviction for attempting to influence a public servant and criminal impersonation for aiding an unauthorized person in copying voting-machine hard-drive data during a 2021 software update.

Mrs. Peters and her lawyers have repeatedly stated she was attempting to preserve evidence of false voter data in the Colorado 2020 election. The judge who sentenced Peters stated she had white “privilege” in delivering the exceptionally harsh sentence.

Today President Trump pardoned Tina Peters, but state officials and Colorado Governor Jared Polis say the pardon is invalid because Mrs. Peters was convicted of a state crime, out of the reach of a presidential pardon.

PRESIDENT TRUMP – “For years, Democrats ignored Violent and Vicious Crime of all shapes, sizes, colors, and types. Violent Criminals who should have been locked up were allowed to attack again. Democrats were also far too happy to let in the worst from the worst countries so they could rip off American Taxpayers. Democrats only think there is one crime – Not voting for them!

Instead of protecting Americans and their Tax Dollars, Democrats chose instead to prosecute anyone they can find that wanted Safe and Secure Elections. Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest. Tina is sitting in a Colorado prison for the “crime” of demanding Honest Elections. Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!” (read more)

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The authority for the United States government to capture the electronic records of all Americans without warrant falls under the auspices of FISA-702.  The current authority expires in April of 2026.

Some administrative state defenders will argue this issue with me. However, having researched almost every aspect to the construct, and the argument, I am confident FISA-702 authority underpins the much bigger, quasi-constitutional justification for the wholesale collection of U.S. citizen metadata.  Without the 702 authority, the legal justification for the apparatus of surveillance no longer exists.  It really is that simple.

That said, there remains ZERO justification for the wholesale capture of U.S. citizen data by the government. It is not the searching of the database that presents the issue; the capture itself violates the Fourth Amendment.

The only way the government can justify the capture of U.S. Citizen data is if there is some quasi-constitutional or national security reason for it.  That’s where FISA-702 comes in.

Take away “702” search authority, and the data collection argument collapses; ANY “incidental” search of the database then loses any plausible legal justification.  702 is the camel’s nose under the tent that forms the baseline for all data records to be intercepted, stored and ultimately available for review.

This is a very key component to fully understand.  Most practical applications of surveillance are contingent upon the capture of electronic records for tracking.  Ex. – if domestic travel records are considered private papers (never argued yet), then government agencies have no right to exploit them without a valid search warrant underpinned by a national security justification.  The government, not private sector – government, tracking people becomes more difficult if privacy rules are applied.

The legal aspect runs through the 4th Amendment, which -while historically undefined in the modern era- likely stirs in the background of the recent TSA decision to provide a $45 opt-out, for the use of REAL ID in domestic transit (interstate commerce application notwithstanding).

The Fourth Amendment aspect to the ‘warrantless’ government capture of American citizen records has never been fully argued in court; the modern definitions are opaque, and the govt has a vested interest in retaining the untested status quo.

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Washington DC continues pretending they do not know things.  It is insufferable and frustrating.  However, they are blind to the reality that a large segment of the American population is aware of the issues and understand the position of Republicans is not part of some mistake or flaw; it is a feature of their intent.

Elise Stefanik notes: “Republicans have the House, Senate, and the White House, yet the deep state is alive and well with the Speaker getting rolled by House Dems attempting to block my provision to require Congressional disclosure when the FBI opens counterintelligence investigations into presidential and federal candidates seeking office.

In a March 2017 open hearing, my questions to former FBI Director James Comey began the unraveling of the Russia Hoax when Comey admitted to not following proper notification procedures with his illegal opening of Crossfire Hurricane. A criminal act that can never happen again.

My provision will strengthen this accountability and transparency to deter this illegal weaponization and it passed out of the House Intelligence Committee in this Congress and previous ones. Yet House Republicans continue to get rolled by the deep state due to opposition by Jamie Raskin.

If Republicans can’t deliver accountability and legislative fixes to arguably the biggest illegal corruption and government weaponization issue of all time, then what are we even doing.

This language is even more essential in light of the continued weaponization of the federal government evidenced by the sweeping Arctic Frost wiretapping scandal and the recent illegal leaks of Steve Witkoff’s conversations with foreign counterparts.

Unless this provision is added back into the bill to prevent illegal political weaponization of the intelligence community in our elections, I am a HARD NO. I have always voted in support of the defense and intelligence authorization bills, but no more.

It is a scandalous disgrace that Republicans are allowing themselves to be rolled by the Dems and deep state on this.”  (more)

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As noted last week, the Senate included a provision in the government reopening bill to allow Republican Senators to sue the DOJ and data providers who comply with subpoenas for senator’s telephone and email records.

Nine senators who previously were targeted by Jack Smith and Arctic Frost subpoenas likely stand to make millions from lawsuits under the legislation.

In the latest round of DC pretending, the House voted 426-0 to repeal that specific law and terminate the Senate payday.  Is the Senate going to take up the bill, of course not.  However, the House now has another useless talking point (strong in the pearl clutching is this one) to campaign and fundraise with.

House members are great actors, very upset – very, and their level of pretense is excellent on this repeal bill. The unanimous vote really gives both wings of the uniparty, that reach across the aisle, a selling feature for the next election.

WASHINGTON DC – The House unanimously voted 426-0 Wednesday night to claw back language in last week’s government funding bill that could award some GOP senators hundreds of thousands of dollars in damages for having their phone records unknowingly obtained by former special counsel Jack Smith.

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At this point, anyone who is left thinking James Comey will stand trial in DC is just pretending for their own agenda.  Unfortunately, the dismissal of the case against him is a foregone conclusion.

The DOJ Lawfare embeds purposefully dragged their heels toward the statute of limitations, AG Pam Bondi didn’t respond fast enough to the institutional stonewalling, and that set up Lindsey Halligan for an almost impossible task.

[SOURCE]

Former FBI Director James Comey was leaking information to the media through his friend and FBI Special Government Employee Daniel Richman. When Comey was fired in May 2017, he knew what his risks were. Comey hired Daniel Richman as his personal lawyer and legal counsel. Comey knew this would make targeting him for leaking to media more difficult.

Last month U.S. District Judge Michael Nachmanoff, the Biden appointee overseeing the criminal case against Comey, assigned magistrate judge William Fitzpatrick to review the issues surrounding potential violations of attorney-client privilege within the indictment.

Today Magistrate Judge William Fitzpatrick sides with the Comey defense and blasts the prosecution for violating attorney-client privilege. [SEE RULING HERE] In addition, Judge Fitzpatrick instructs the prosecution, Lindsey Halligan, to give the defense team all of the evidence used in the grand jury indictment.

Fitzpatrick is setting the stage to dismiss the charges. There’s zero doubt about it when you read the 24-page order.

It’s enough to make you blow a blood pressure cuff when you see a judge upholding the Fourth Amendment argument on James Comey’s behalf, considering the blatant Fourth Amendment violations that Comey conspired to violate within his fraudulent investigations of Carter Page and President Trump.

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