Trump Loyalists Kill Vote on US Wiretap Program

For the third time since December, House Speaker Mike Johnson has failed to wrangle support for reauthorizing a critical US surveillance program, raising questions about the future of a law that compels certain businesses to wiretap foreigners on the government’s behalf.

Johnson lost 19 Republicans on Tuesday in a procedural vote that traditionally falls along party lines. Republicans control the House of Representatives but only by a razor-thin margin. The failed vote comes just hours after former US president Donald Trump ordered Republicans to “Kill FISA” in a 2 am post on Truth Social, referring to the Foreign Intelligence Surveillance Act, under which the program is authorized.

The Section 702 surveillance program, which targets foreigners overseas while sweeping up a large amount of US communications as well, is set to sunset on April 19. The program was extended by four months in late December following Johnson’s first failed attempt to hold a vote.

Congressional sources tell WIRED they have no idea what the next steps will be.

The program itself will carry on into the next year, regardless of whether Johnson manages to muster up another vote in the next week. Congress does not directly authorize the surveillance. Instead, it allows the US intelligence services to seek “certifications” from a secret surveillance court on a yearly basis.

The Justice Department applied for new certifications in February. Last week, it announced they’d been approved by the court. The government’s power to issue new directives under the program without Congress’s approval, however, remains in question.

The certifications, which are required only due to the “incidental” collection of US calls, generally permit the program’s use in cases involving terrorism, cybercrime, and weapons proliferation. US intelligence officials have also touted the program as crucial in combating the flood of fentanyl-related substances entering the US from overseas.

The program remains controversial due to a laundry list of abuses committed primarily at the Federal Bureau of Investigation, which maintains a database that holds a portion of the raw data collected under 702.

Although the government