The Hitchhiker’s Guide To The SAVE America Act And FISA Renewal
There was a thought late Thursday and Friday that the Congressional lapse of FISA Section 702 - the nation’s most important counter terrorism program - may be short-lived.
President Trump had just nominated Jay Clayton for Director of National Intelligence. His confirmation hearing would be Wednesday. A quick confirmation on the floor a few days after would limit the time Bill Pulte spends as acting DNI following the departure of Tulsi Gabbard.
Democrats yanked their support for a fragile, bipartisan compromise on FISA after the President announced he intended to install Pulte. But the Clayton nomination - while not optimal for some Democrats - could mitigate their protest over FISA.
Then the President changed the calculus again by demanding that Congressional Republican attach the SAVE America Act - requiring proof of citizenship before voting - to the FISA extension.
This is a major headache for Senate Majority Leader John Thune (R-SD). Republicans have talked a good game about the SAVE America Act. But the bill not only can’t clear a filibuster. It can’t even command a simple majority of votes in the Senate.
Two test votes related to the SAVE America Act this spring have failed to garner a simple majority.
The President’s insistence on linking the SAVE America Act to FISA is a poion pill for Democrats - whose votes are essential in this matter. Moreover, some Republicans will balk as well.
So just as quickly as there appeared to he a way out of the FISA cul-de-sac, that exit may have quickly closed up again.
FISA investigations can continue for a while without Congressional authorization which lapsed over the weekend. But this latest demand on the SAVE America Act could lengthen that lapse.