Speaker Johnson Casts Deciding Vote to Allow the FBI to Spy on Americans Without a Warrant

The House of Representatives turned aside an amendment to the Foreign Intelligence Surveillance Act renewal that would have required a warrant before information gathered about Americans could be made available to law enforcement. The amendment, offered by Arizona Republican Andy Biggs, prohibits warrantless searches of U.S. person communications in the FISA 702 database, with exceptions for imminent threats to life or bodily harm, consent searches, or known cybersecurity threat signatures. By a vote of 212-212, the amendment failed. One hundred and twenty-eight Republicans voted for the amendment, and 86 voted against it. On the Democrat side, the vote was 84 yes and 126 no.

This is how the Constitution dies.

By a tie vote, the amendment to require a warrant to spy on Americans goes down in flames.

This is a sad day for America.

The Speaker doesn’t always vote in the House, but he was the tie breaker today. He voted against warrants. pic.twitter.com/i49GnCzyPm
— Thomas Massie (@RepThomasMassie) April 12, 2024

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Johnson's vote was never in question. He made a statement to the media yesterday indicating how he would vote and why.

Speaker Johnson on his FISA flip flop: “When I was a member of the Judiciary I saw the abuses of the FBI, hundreds of thousands of abuses. And then I became Speaker and got the confidential briefing to understand how important it is for national security.”pic.twitter.com/b5eqOTXANU
— TheBlaze (@theblaze) April 11, 2024

I'm sorry, if I know the FBI is lying about using FISA, why would I suddenly believe their sales pitch on its critical role in national security? It isn't like the FBI had a few bad actors making the occasional abuse. The data shows that abuse of FISA and lying to the FISA court are baked into the system.

3.4 million warrantless searches of Americans' private communications.

278,000 improper searches on American citizens.

19,000 improper searches of donors to a congressional candidate.

There is no shortage of spying authority abuses by the weaponized FBI. Get a warrant. #FISA pic.twitter.com/sQUfmHqtbo
— Rep Andy Biggs (@RepAndyBiggsAZ) April 10, 2024

Not everyone felt that way.

Every time you expand FISA, you underscore the need for a warrant. pic.twitter.com/ewvuugH7jL
— House Judiciary GOP (@JudiciaryGOP) April 12, 2024

“It's just not that hard. If you want to go after an American, if you want to look at their information, GET A WARRANT.” #FISA pic.twitter.com/D3aeDlRhUj
— Rep. Chip Roy Press Office (@RepChipRoy) April 12, 2024

We can protect the deep state or we can protect the American people from warrantless surveillance.

I stand with the American people and the Constitution.

The FBI should be required to GET A WARRANT. #FISA pic.twitter.com/1WS252w9UI
— Rep. Tom Tiffany (@RepTiffany) April 12, 2024

But the fix was in. Biden's attorney general and national security advisor called individual members of Congress, telling them Doomsday loomed if the federal government had to obey the US Constitution.

From me and @bresreports: @JakeSullivan46 and Merrick Garland are calling members on the Hill on the warrant amendment. WH working hard to defeat.
— Jake Sherman (@JakeSherman) April 12, 2024

This vote should have been a no-brainer. FISA is wildly unpopular with Republicans outside the conservative wing of the GOP. It is abused relentlessly and there is no effort within the government to hold anyone to account for violating that law. For instance, no one involved in the abuse of FISA to spy on the 2016 Trump campaign and transition team has been punished. The FBI refuses to provide any evidence to the public that this law is anything but Stasi-lite. Speaker Johnson had the chance to rewrite this monstrosity into something that isn't a danger to the Republic, but he chose not to.