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Politics · National

Trump spies demand FISA vote before Congress changes hands

Top intelligence officials set a December 9 deadline for lawmakers to restart Section 702, warning that a lapse could leave gaps in national security surveillance.

By Jack Thompson ·

Illustration for: Trump spies demand FISA vote before Congress changes hands
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The White House intelligence chiefs have set a hard deadline for Congress to reauthorize the Foreign Intelligence Surveillance Act. A letter signed by Attorney General Todd Blanche, Director of National Intelligence Jay Clayton, and CIA Director John Ratcliffe demands that the renewal process begin by December 9, 2026. This date falls less than a month before the new Congress is sworn in.

The officials argue that Section 702 is the single most indispensable tool for keeping the United States safe. They state that no other authority can replace its ability to detect terrorist plots, cyber intrusions, and weapons proliferation. The letter warns that any delay beyond the set date risks the critical authority lapsing.

An administration official told Fox News Digital that the measure is a top priority for the White House. The official described the push as a huge effort by the lame duck Congress. They noted that the White House is fully on board with the request from the intelligence agencies. The source added that the administration would be in trouble from a national security standpoint if the law does not pass before Democrats take a majority in January.

Clayton and Ratcliffe briefed the Gang of 8 earlier this week. This group of congressional members is legally apprised of classified national security matters and covert operations. The letter to leaders addresses the heightened threat environment discussed during those briefings. It highlights the risk to Americans in the homeland and troops stationed abroad if the authority expires.

The letter is addressed to Senate Majority Leader John Thune, House Speaker Mike Johnson, Senate Minority Leader Chuck Schumer, and House Minority Leader Hakeem Jeffries. It explains that the statutory authority for Section 702 has lapsed. Collection of such materials will expire on March 16 if the law is not reauthorized. The December 9 deadline allows time for the intelligence agencies to complete the steps for continued collection before that date.

Section 702 has a controversial history because privacy activists and constitutional scholars have long argued it is akin to warrantless surveillance. Under the provision, intelligence agencies can clandestinely collect the communications of Americans if they are speaking to foreigners who are targets of investigations. The Office of the Director of National Intelligence credits Section 702 for thwarting terrorist activities. It cites a mass casualty terror attack at a Taylor Swift concert in Vienna, Austria, in 2024, as one example of its utility.

The ODNI also reports that 63% of the articles in President Trump's daily brief contained FISA Section 702 information reported by the National Security Agency in 2025. The letter states that if collection stops, the government cannot simply turn Section 702 back on. It emphasizes the need to prevent a gap in critical intelligence.

The administration plans to brief Congress again in the coming days. They will discuss the irreplaceable intelligence enabled by Section 702 and the dire risks to the nation if it is allowed to expire. The Office of the Director of National Intelligence, the Department of Justice, and the White House did not return requests for comment from Fox News Digital.

The next step is for the House and Senate leadership to schedule the renewal process. Lawmakers must act before the December 9 deadline to avoid a lapse in authority. The new Congress will not be seated until January, making the current session the last chance for this specific group of leaders to pass the measure.

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