SENATORS WANT ANSWERS

Sens. Patrick Leahy (D-Vt.) and Mike Lee (R-Ut.) on Thursday pressed the Trump administration on whether and how mass surveillance programs authorized by the Foreign Intelligence Surveillance Act have been halted since the act’s expiration.

The letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe raises concerns that the administration may be be continuing to conduct surveillance operations by relying on Executive Order 12333.

The order, issued on 1981, has been used before to conduct operations without statutory authorization or congressional oversight.

“Congress and the American people have a right to know if this or any other administration is spying on people in the United States outside of express congressional approval, with no or diminished guardrails,” Sens. Leahy and Lee wrote.

“The rights of all Americans depend on their government exercising its power responsibly, adhering to the rule of law, and upholding its duty to act transparently. Any surveillance conducted in the absence of statutory authorities and congressional oversight would be extraordinarily concerning and illegal.”

Reauthorization of the key FISA provisions under the USA Freedom Act has stalled.

After Lee and Leahy successfully added an amendment increasing the role of outside legal experts in FISA court hearings to the House bill in May, Democratic leadership in the lower chamber was unable to get enough votes together and sent the bill to committee.

The senators letter Tuesday asks for documentation showing the administration issued guidance to ensure surveillance activities under USA Freedom were halted on March 15.