President Trump has demanded the Senate approve the FISA surveillance authority and his SAVE America Act voter-ID bill before confirming his director of national intelligence nominee, a move that has thrown both the intelligence chief confirmation and the renewal of a lapsed surveillance power into chaos.
Trump said early Wednesday that he was canceling the confirmation hearing for Jay Clayton, the U.S. attorney for the Southern District of New York, who had been scheduled to testify that afternoon. The hearing was to have been followed by a Senate floor vote as soon as later that week, according to the Wall Street Journal.
In a statement posted before 4 a.m. EDT on June 17, Trump said he would not approve legislation to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) unless Congress passed his SAVE America Act, which would require proof of citizenship to vote, according to C-SPAN and The Hill. Section 702 allows the government to collect digital communications of foreigners located overseas without a warrant.
The delay left Senate Intelligence Committee Chair Tom Cotton initially insisting the hearing would proceed, then backtracking to announce the “regrettable” decision that Trump had directed Clayton not to attend, according to The Hill. Democrats and Republicans alike expressed frustration over the lack of clarity on all fronts.
The Collapsed Compromise
Senate Republicans had been working to fast-track Clayton’s confirmation specifically to avoid allowing Bill Pulte, Trump’s controversial pick for acting director of national intelligence, to remain in the role. Pulte, who heads a housing agency, had made criminal referrals for numerous Trump foes on allegations of mortgage fraud, sparking bipartisan outrage and Democratic refusal to pass FISA renewal while he was in office, according to The Hill.
Trump announced Clayton’s nomination only after a FISA reauthorization bid failed in both chambers. Senate Majority Leader John Thune had described the Senate as being “bound by arithmetic” on the SAVE America Act, telling reporters Wednesday that “the votes currently aren’t there” to pass it, according to The Hill. The SAVE Act does not have the 60 votes needed to overcome a Senate filibuster, a fact that has not changed.
Section 702 of FISA expired on June 15, 2026, after Congress failed to renew it. The surveillance authority allows the U.S. government to spy on foreigners overseas and has been a centerpiece of national security operations. Democrats have largely supported FISA 702 renewal in the past but refused to pass it while Pulte was acting DNI, according to reporting from The Hill and other outlets.
Senate Minority Leader Chuck Schumer accused Trump of treating national security as a “political bargaining chip,” saying the Senate “will never pass the SAVE Act,” according to The Hill. Senate Democrats held a press conference with a sign reading “Trump’s hostage note,” framing the president’s demands as holding national security hostage to a voting bill.
Republican national security hawks also lamented the uncertainty. Sen. Mike Rounds of South Dakota, who serves on the Senate Intelligence Committee, said the expiration of FISA 702 “is not a good situation” for the country, telling reporters “we don’t have FISA 702 in effect right now” and expressing hope that Trump understands the gravity of the situation, according to The Hill.
Sources
- The Wall Street Journal — Trump’s delay of Clayton’s hearing and his demand that FISA be tied to the SAVE America Act
- The Hill — Senate reactions, Clayton’s hearing cancellation, Thune’s statement on SAVE Act votes, Schumer’s response, and Republican senators’ comments
- C-SPAN — Trump’s statement that he won’t sign FISA without the SAVE Act
