Connecticut’s congressional delegation, including House Intelligence Committee ranking member Jim Himes, on Thursday opposed a short-term extension of a controversial surveillance law, which looks likely to lapse at the end of the week.
When a years-long renewal of Section 702 of the Foreign Intelligence Surveillance Act came before the House in April, Himes was the lone member of the delegation to back it, though Congress ultimately extended it only until mid-June. But even as a vocal proponent, he couldn’t rally behind it this time.
That’s largely because of President Donald Trump’s decision to appoint Bill Pulte as the acting director of national intelligence, a close ally of the president with no experience in national security. In that role, Pulte would lead all of the federal government’s intelligence agencies.
Himes said he worries about potential abuses to the law, commonly referred to as FISA, even with Pulte briefly serving in an acting capacity. Taking him out of consideration could set up a deal on the 702 program, Himes says.
“I hope the president rethinks Bill Pulte, because then I think we could be done. If they want this to happen fast, Bill Pulte needs to be taken off the table,” Himes said in an interview a day before the vote. “The concern is that Bill Pulte has this authority, so I’m not voting to extend it to a period of time where he could abuse it.”
Pulte’s appointment, plus a lack of significant changes to the program, prompted more Democratic lawmakers to oppose FISA 702’s reauthorization in recent months. That’s on top of the longstanding concerns that have united elements in both parties that are concerned about privacy rights and violations of the Fourth Amendment.
FISA 702 allows the U.S. to monitor foreigners outside of the country without obtaining a warrant. The earlier House bill made some modest reforms, and a Senate-negotiated version that was in the works before Pulte’s announcement went a bit farther.
But neither measure went as far as on the reforms sought by critics, who are pushing to address data collection issues as well as to require warrants for viewing Americans’ information that was incidentally collected under the program.
All five of Connecticut’s Democratic members joined most Democrats and a handful of Republicans in blocking the law’s short-term renewal that would have lasted through July 2. FISA 702 runs out after Friday.
It represents a major shift among the state’s delegation and the party over the last few years on FISA 702 — even more so for Himes, who was tapped by Democratic leaders as one of the point people to help the party navigate the issue.
He had been vigorously advocating for its long-term renewal as a program that helps to combat terror attacks and cyberattacks, and he has been a steadfast supporter since it was first enacted in 2008. But Himes faced resistance from within the party both in Washington and back at home from some constituents who argued additional reforms are necessary.
While he still supports it on the merits, things changed for Himes when Trump said Pulte, the director of the Federal Housing Finance Agency, would take over as director of national intelligence from Tulsi Gabbard. His appointment threw a curveball in the FISA negotiations and cemented Democratic opposition.
Himes was working with U.S. Rep. Jamie Raskin, the ranking member of the House Judiciary Committee, in trying to craft a compromise package of 702 reforms. Raskin has wanted to go further on changes to the surveillance tool than the Connecticut congressman. But Himes said Republicans never gave them a seat at the table to negotiate.
Eventually, the Senate took up bipartisan negotiations and looked like it was getting close to working out an extension prior to the Pulte news.
Democrats signaled before the vote that they would withhold support with Pulte expected to take the helm on June 19. As the minority party, they have had few opportunities to exert any leverage, particularly when it comes to executive nominations.
While Trump’s intelligence chief pick has been a main reason for opposing FISA 702, Himes’ imprimatur on a joint statement calling for “meaningful reforms” was notable.
“Bill Pulte has no relevant national security experience. Consequently, his appointment is in defiance of the law that requires the Director of National Intelligence to have ‘extensive’ national security experience,” Himes and Raskin said in a joint statement with Democratic leaders. “There is a path to reauthorizing FISA, but it will require enacting meaningful reforms. We oppose this bill to kick the can further down the road.”
Following the House vote, congressional Republicans blamed Democrats for putting a key spying tool in jeopardy, noting the high-level security events happening around the country in the coming weeks such as July 4 celebrations and World Cup matches.
“The Democrats, 199 of them, voted against a clean three-week extension for political purposes, and when the bill went down, they applauded,” House Speaker Mike Johnson, R-La., said after Thursday’s vote. “I pray that we do not have a serious calamity on our shores over the next few weeks.”
Days earlier, Trump tried to unlock support by saying Pulte would only serve as acting for a brief period of time and pushing for lawmakers to get behind a short-term renewal while he looks to nominate a permanent director of national intelligence.
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations,” Trump posted on Truth Social. “If nothing is done, this important Law will expire this week. I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency.”
That statement didn’t change the calculus. And it wasn’t until hours after the vote that Trump announced Jay Clayton, the U.S. Attorney for the Southern District of New York, as his nominee as director of national intelligence to serve in a permanent capacity.
Himes speculated that an earlier announcement on Clayton could have changed the dynamics in Congress regarding FISA.
“I’ve known and respected Jay Clayton for decades. His intelligence, temperament and deep commitment to public service will make him a terrific DNI,” Himes posted on X. “Had this nomination been made a week ago, lots of pain might have been avoided.”
Critics of Section 702, like the group Demand Progress, pushed back on Himes’ complimentary statement on Clayton, arguing that it undermines any push to enact more robust reforms.
“Both Pulte and Clayton have already shown that they will carry out Trump’s directive to weaponize the government against his political enemies,” Demand Progress Executive Director Sean Vitka said in a statement. “Putting either of them at ODNI at a time when Trump is asking for warrantless surveillance powers through FISA is too big of a risk.”
Senators oppose
Plus, the House had already adjourned for its week-long recess by the time the Senate attempted to take up FISA 702 on Thursday afternoon. Senate Republicans tried to pass it through unanimous consent, but it only takes one member to block it, and a Democratic senator from Oregon opposed it.
Both of Connecticut’s senators had been opposed to FISA 702’s renewal without more substantial reforms. Pulte’s appointment only added to that.
“I’m a no as long as Bill Pulte is in that position,” U.S. Sen. Richard Blumenthal said in a Wednesday interview. “We have no idea how long he may be there. He is a danger to our national security, and a short-term extension simply avoids the basic issue, which is potential abuse and misuse of this very powerful law.”
U.S. Sen. Chris Murphy, who was opposed to FISA 702 reauthorization back in 2024 and this time around, had echoed a similar sentiment: “It feels to me like there’s not a path without Pulte’s nomination being pulled.”
If it lapses after Friday, Section 702 will likely remain lapsed through at least next week with the House out of session for a full week and the Senate off for Juneteenth, though it’s possible the House could return earlier now that Trump has named a permanent nominee to lead the intelligence agencies.
But even if it expires, FISA 702 has some runway to keep operating since a court certifies the program on an annual basis. It has also lapsed briefly in the past. But when discussing the issue a couple of months ago, Himes noted that agencies continuing to use the authority while it lapsed had “never been legally tested.”
This story was originally published by the Connecticut Mirror.
