Trump's SAVE Act push creates new FISA problem for Mike Johnson
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President Trump and House Speaker Mike Johnson during the Republican Members Issues Conference in Miami on March 9. Photo: Saul Loeb / AFP via Getty Images
President Trump's suggestion that Republicans attach the SAVE America Act to the must-pass reauthorization of FISA is already complicating one of Congress' most contentious upcoming fights.
Why it matters: Reauthorizing Section 702 of the Foreign Intelligence Surveillance Act is always messy — and it's shaping up to be a major headache for House Speaker Mike Johnson (R-La.).
- The House is expected to move first, with GOP leaders eyeing a vote during the upcoming work period so the Senate has time to move before FISA — which allows warrantless wiretapping of non-U.S. citizens overseas — lapses on April 20.
- The House has just 12 session days before that deadline.
Driving the news: Trump told House Republicans at their retreat this week he'd like to attach the SAVE Act to the FISA reauthorization, a change from the administration's prior position in favor of a clean extension.
- "Maybe you put them together, because a lot of people feel very strongly about FISA," Trump said.
- GOP leadership has also signaled it would prefer a clean extension.
A handful of conservatives, including Rep. Anna Paulina Luna (R-Fla.), were already floating the idea of linking the two, warning they'd seek to tank FISA without SAVE.
- Luna didn't vote to reauthorize FISA in 2024, but that doesn't mean she and other SAVE Act enthusiasts don't have leverage.
- Johnson probably has the votes to pass FISA on the floor with bipartisan support, but the rule vote is shaping up to be a big problem.
- Conservatives have not yet said whether they would support the rule, but often utilize the procedural vote as leverage.
State of play: The Senate is preparing for a marathon SAVE Act debate next week, but the measure is all but certain to fail given Democratic opposition.
- And Senate Majority Leader John Thune (R-S.D.) hasn't satisfied House conservatives demanding SAVE be tied to FISA.
- Rep. Chip Roy (R-Texas) referred to Thune's strategy as "performance theater" in a post on X.
- Rep. Keith Self (R-Texas) accused Thune on X of "gaslighting the American people," adding: "This is nothing but a show vote."
The bottom line: If the Senate is unable to pass the SAVE measure, expect Luna to apply even more pressure, in part by attempting to grow the group demanding that SAVE catch a ride with FISA in the House, a source close to Luna told Axios.
