Jeffries: Democrats won’t help Johnson break FISA impasse

House Minority Leader Hakeem Jeffries (D-N.Y.) said Thursday that Democrats will not help GOP leaders with a procedural vote to advance legislation extending the government’s surveillance powers. 

Nineteen conservative Republicans joined forces with all House Democrats on Wednesday to sink a rule governing a bipartisan proposal to renew a controversial section of the Foreign Intelligence Surveillance Act (FISA), as well as several other Republican messaging bills. 

The extraordinary development effectively blocked the underlying legislation from receiving a floor vote. And it led to speculation that Democrats — who overwhelmingly support FISA reauthorization — might break tradition to help Speaker Mike Johnson (R-La.) usher a stand-alone FISA bill to the floor.

But asked Thursday if Democrats would support such a strategy — and if he’s spoken with Johnson on the topic — Jeffries was terse.

“No, and no,” he told reporters in the Capitol. 

The opposition from Democrats eliminates one of an already small list of options Johnson is weighing to break the impasse over the reauthorization of FISA Section 702 — a proposal Johnson had opposed as a member of the Judiciary Committee, but now supports as Speaker.

In one scenario, he could sidestep the need for a rule by putting the FISA bill on the suspension calendar, a fast-track mechanism that requires two-thirds of the chamber for passage. But that’s a high bar, and some FISA supporters fear it won’t be reached given the opposition from members of both parties to the government’s warrantless surveillance powers.

Johnson is also weighing a strategy of tweaking the language of the current FISA bill — in an effort to win over the 19 conservative critics — and send it back to the Rules Committee for another try. 

“We’re going to try to find a way to unlock the rule. And I think it’s possible,” Johnson said Wednesday evening. “I mean, there are some differences of opinion. But I think everyone — most everyone — understands the necessity of getting this right and getting it done.” 

Minority Leader Hakeem Jeffries (D-N.Y.) speaks Rep. Nancy Pelosi (D-Calif.) during a Congressional Gold Award ceremony for Rosie the Riveters in Emancipation Hall of the Capitol in Washington, D.C., on Wednesday, April 10, 2024. (Greg Nash)

One change Johnson is said to be considering is a shrinking of the Section 702 reauthorization window, from five years to two — a key demand of the hard-liners. That would give FISA’s critics an earlier crack at reforming the law, perhaps with former President Trump — who came out this week against the reauthorization bill — in the White House.  

Jeffries on Thursday declined to weigh in on whether he’d support a two-year renewal, saying he’d first want to discuss the change with the top Democrats on the Intelligence, Foreign Affairs and Armed Services committees.