Breaking overnight: An audacious play by Speaker Mike Johnson to pass a five-year extension of Section 702 of FISA failed spectacularly just before 1:30 a.m., leaving House GOP leaders firmly stuck over how to address concerns from rank-and-file Republicans on the surveillance program.
House Republicans saved face — kind of — with a unanimous consent passage of a two-week extension of FISA authorities. But that wasn’t before the Johnson-authored compromise was rejected by a dozen Republicans.
In a nod to far-right hardliners, GOP leaders posted a compromise FISA amendment just before 11 p.m. that would’ve strengthened criminal penalties for misuse of the program; included some warrant language that Democrats say merely codifies existing law; and enhanced congressional access to the FISA courts.
Rep. Clay Higgins (R-La.), a Freedom Caucus member who led the charge for the warrant changes, called it a “solid bill” and urged lawmakers to “support the bill we have hammered out.”
Higgins’ plea was for naught. A group of Republicans rebelled on the floor and soundly rejected Johnson’s compromise, joining with Democrats to vote it down by a 200-220 margin.
An eclectic mix of Republicans rejected Johnson’s proposal: Reps. Brian Fitzpatrick (Pa.), Andy Harris (Md.), Darin LaHood (Ill.), Thomas Massie (Ky.), Mariannette Miller-Meeks (Iowa), Zach Nunn (Iowa), Andy Ogles (Tenn.), Scott Perry (Pa.), John Rose (Tenn.), Keith Self (Texas), Mike Turner (Ohio) and Jeff Van Drew (N.J.).
Rebellious Republicans then joined with Democrats again to vote down a rule to consider the clean, 18-month FISA extension originally sought by President Donald Trump and GOP leaders. Twenty Republicans voted no on a rule — a remarkable rejection.
Led by Rep. Jim McGovern (Mass.), top Democrat on the Rules Committee, Democrats blasted Johnson and Republican leaders for the proposed five-year FISA extension. After hours of private GOP-only meetings trying to broker a deal, Republican leaders had suddenly announced they were ready to vote. But some of the proposed FISA changes were hand-written into the bill text: “Does anybody actually know what the hell is in this thing?” McGovern complained.
“This is too damn important to do it this way,” McGovern added. “Your own members don’t know what the hell you’re doing … This process is embarrassing. This majority is incompetent.”
So after all of that, Johnson and the White House will have to spend the next two weeks trying to figure out just what the Trump administration can accept that could also pass the House. The basic fact is that the majority of the House is for warrant requirements. So Johnson is going to have to figure out either how to work with Republicans to get something passed or work with Democrats, who have their own reform language.
The larger point. Republicans just can’t stop fighting with Republicans.
On every issue in front of Congress, the GOP seems to be locked in a circular firing squad. And it’s not only within the House Republican Conference. It’s the House and Senate as well.
House and Senate Republicans aren’t just on different wavelengths, they’re living in entirely different universes. This all comes while Trump’s poll numbers are sinking, GOP moderates are warring with MAGA, and Republican control of both chambers — especially the House — is in danger of being swept away in November.
The list of problems is continuing to grow: the DHS shutdown, budget reconciliation for ICE and Border Patrol funding, a housing bill, FISA, the SAVE America Act, the filibuster, appropriations and more.
Senate Majority Leader John Thune and Johnson met for their weekly in-person sitdown on Wednesday. When asked if they’re on the same page on the more pressing issues facing them, Thune responded: “Yeah, as much as we can be.”
“We both have fairly narrow majorities — his even more narrow,” Thune added. “So we’re just trying to figure out pathways to get stuff done. Nothing about it is easy.”
But the cascading set of disputes between the two chambers is threatening to worsen what’s already a tough midterm outlook for Republicans. The Iran war is unpopular, gas prices are rising and vulnerable GOP lawmakers need help.
Republican leaders desperately want to be talking about what they see as the benefits of the One Big Beautiful Bill, especially around Tax Day. Instead, they’re forced to deal with head-spinning tensions with the other chamber. Plus, Trump — who controls everything within the GOP — is nowhere to be found or venting about other issues that don’t help vulnerable lawmakers at all.
When asked about Trump’s latest musings, Thune said “there are a lot of distractions around here” and “the more strategic play” is to tout the tax cuts, adding that Trump can be a “compelling messenger” on those issues. Trump was in Las Vegas on Thursday for an event focused on “no tax on tips.”
Surveillance games. At the moment, the most contentious concerns revolve around FISA, the DHS shutdown and the GOP’s effort to fund ICE and Border Patrol via reconciliation.
Thune and Johnson discussed this during their Wednesday meeting — namely, Thune’s White House-backed bid to prevent the reconciliation bill from expanding beyond ICE and Border Patrol funding.
The entire process has been a complete mess for Republicans, despite a full-court press from the Trump administration. Senators feel like they’ve been boxed out entirely.
Thune has been left in the lurch multiple times by Johnson in recent weeks when it comes to the Senate-passed DHS funding bill, which doesn’t have ICE and CBP money.
House Republicans rebelled after Johnson caved to Thune and vowed to pass the Senate bill — after Johnson initially rejected it outright. Johnson then reneged on that agreement with Thune to preserve his own standing within the House Republican Conference, thereby prolonging the DHS shutdown and letting Democrats off the hook.
Meanwhile, House Republicans’ passage of the SAVE America Act — voter ID and proof-of-citizenship legislation that doesn’t have the requisite votes to pass the Senate — remains a problem for Thune. House conservatives and MAGA influencers are accusing Thune of intentionally stifling the legislation, as has Sen. Mike Lee (R-Utah.)
Leadership dynamics. A source familiar with the Thune-Johnson relationship said their weekly meetings are opportunities to “sync up” and that “both understand and respect that they’re managing two very different conferences.”
Thune has kept his cool in public, but there are obvious signs of frustration. Thune frequently asserts that his approach on these issues is a reflection of “reality” and that the detractors should “show me” a better way to handle a given issue when Senate Democrats block everything.
“[House GOP leaders] understand what our limitations are. And they have people who want to go bigger [on reconciliation] just like we do,” Thune told us. “But I think this is where we’re kind of governed by what’s realistic.”
Fly Out Day. Check out Fly Out Day with Sen. Mark Warner (D-Va.).
