Senate Republicans are refusing to follow President Donald Trump’s demands to add the SAVE America Act to the time-sensitive Foreign Intelligence Surveillance Act extension. Behind a closed-door GOP lunch on Wednesday, senators piled on the one colleague fighting hardest for the SAVE America Act.
Sen. John Cornyn, R-Texas, and Sen. John Kennedy, R-La., expressed their frustration with Sen. Mike Lee, R-Utah, who has been the most vocal senator supporting the election security legislation. The two Johns accused Lee of leading Trump to believe that the SAVE America Act is even a possibility.
Cornyn, ousted by Trump, doubled down on Lee. He called out his push and expressed his own doubt about the SAVE America Act on social media, writing, “Ds will never provide the votes.”
Trump and congressional conservative hawks like Lee have been arguing that the SAVE America Act is an essential piece of legislation that must be pass immediately. Trump stated firmly Wednesday morning that he “will not approve FISA without THE SAVE AMERICA ACT going along with it.”
FISA grants the federal government authority to surveil foreigners without a warrant. House conservatives have their own concerns about how the authority can and has backfired on Americans and are pushing for reforms.
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Section 702 of the act expired Friday after Congress failed to reach an agreement on warrantless searches. The administration and supporters of Section 702 claim it is crucial to ensuring American national security.
FISA has seemingly lost hope of a vote after Trump canceled Jay Clayton’s confirmation hearing to be director of national intelligence, keeping the controversial Bill Pulte in place.
Trump has pushed the SAVE America Act beyond its original provisions to include key conservative priorities and campaign promises. As it stands, it includes requiring photo identification to vote, proof of citizenship to vote, limits on mail-in ballots except for illness, disability, military service, or travel, a ban on men competing in women’s sports, and a prohibition on gender-transition surgeries for minors.
The election component of this bill has already passed the House.
Trump believes it is possible to pass these priorities by attaching them to FISA Section 702—something even Democrats agree needs to be extended. Many GOP members in both chambers agree with the president that this combination is possible, but not Senate Majority Leader John Thune, who controls the Senate schedule and voting pipeline.
Thune has refused to bring the SAVE America Act to the floor for a vote that Lee or Trump would find satisfactory. Lee has pushed to avoid the 60-vote filibuster threshold by continuing debate until the Senate reaches exhaustion and can pass the measure with a simple majority of 51 votes. Lee acknowledged, “we don’t have 60 votes,” but believes Republicans could reach 51.
Thune has voted to pass the SAVE America Act multiple times, but all failed to reach the 60 required.
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