Can FISA actually be reformed?
Published 6:00 pm Saturday, May 30, 2020
Federal Intelligence Surveillance Act (FISA) reform has proven to be one of the most controversial and divisive programs in the government. With reform legislation now bogged down, the big question is can or should it be continued at all.
Divisions are inside both parties on how it should be reformed or if it should be eliminated altogether because of abuses that have been alleged. Some want minor reforms, some major reforms and some want it eliminated because of threats of partisan abuse and dangers to civil liberties.
FISA is the law that allows federal law enforcement agencies to gather physical and electronic intelligence on suspected foreign espionage agents and suspected terrorists.
Alleged abuses include partisan spying by government agencies on the Trump campaign during the 2016 presidential campaign, and on the new Trump administration during the transition period and after the new president was sworn in. Those allegations will have to be settled by the Justice Department investigation and the courts.
The immediate question is the reform legislation now winding its way through Congress. The Justice Department has recommended that the bill, now being considered by the Senate be vetoed.
President Trump said he would indeed veto it and wants to see the results of the abuse investigation before any reform legislation is passed.
House Democrats have pulled a bill to reauthorize parts of the surveillance program and Speaker Nancy Pelosi said she would seek negotiations with the Senate leadership.
Another problem has been the Democrats’ refusal to return to Congress because of the coronavirus pandemic and instead conduct proxy (substitute) voting. The Senate is in session and present and the Republicans of both houses oppose proxy voting.
There was a coalition between Democrats and Republicans to pass reform, but that coalition collapsed this week over modest limitations of the FBI’s data collection.
This reform needs to be done right and not rushed through. The potential for partisan abuse should be a major factor in any reform — if it can be reformed at all in the bitter political atmosphere that now exists in this nation.