Trump’s team is rushing a no‑warrant spy power through the lame duck

Trump’s attorney general, Todd Blanche, and two spy chiefs just asked Congress to renew a warrantless surveillance power before Democrats take over.

In a letter, Blanche, Director of National Intelligence Jay Clayton, and CIA Director John Ratcliffe pressed congressional leaders on Friday to extend Section 702 now, during the lame duck, instead of leaving it to the new Congress. The letter set Dec. 9 as the date to start the renewal process.

Section 702 lets intelligence agencies collect the messages of foreigners abroad without a warrant, including when they are talking to Americans. Privacy advocates in both parties want a warrant before the government searches that pile for an American’s messages.

Sen. Ron Wyden says the question should wait for the next Congress. Rep. Jim Himes told Ratcliffe and Clayton that a renewal next year would look “radically different,” likely with a stronger warrant rule. More than 20 civil-liberties groups, joined by Sens. Wyden and Adam Schiff, urged Congress on Nov. 12 not to fold renewal into the must-pass defense bill.

The letter says the law’s authority has already lapsed and collection will stop on March 16, 2027, if Congress does not act. The administration calls that urgent. Don Bell of the Project on Government Oversight called the Dec. 9 date “completely arbitrary.”

No warrant, no vote.

If Republicans lock this in during the lame duck, the current no-warrant framework could stand until the next sunset. If they leave it to January, the new Congress can add a judge check before the government searches your messages.

You do not need to be a Democrat to expect a warrant before the government looks at your private life.

Ask your senators how they will vote on Section 702 before they leave for the year. Tell them not to slip it into the defense bill without open debate. Then tell the incoming Congress to fix it first.

• Call both of your senators and ask how they will vote on Section 702 before Congress adjourns.
• Tell them to oppose any attempt to tuck a 702 renewal into the defense bill without open debate.
• Email your incoming House member urging a warrant requirement for searches of Americans’ messages in January.
• Check your voter registration at Vote.gov

Countdown

The government funding deadline is in 26 days.

The scheduled end of this session of Congress is in 33 days.

The swearing-in of the new Congress is in 49 days.

References

Trump's spy chiefs press Congress to renew warrantless surveillance in the lame duck, before Democrats take over. Nov 13, 2026
Trump's spy chiefs press Congress to renew warrantless surveillance in the lame duck, before Democrats take over. Nov 13, 2026