Trump urges GOP to vote against bill reauthorizing surveillance powers

President TrumpDonald John TrumpDavis: Supreme Court decision is bad news for Trump, good news for Vance Meadows trying to root out suspected White House leakers by feeding them info: Axios Pressley hits DeVos over reopening schools: 'I wouldn't trust you to care for a house plant let alone my child' MORE on Tuesday evening urged House Republicans to vote against a surveillance bill that will be brought to the floor this week after lawmakers reached an agreement to vote on a key provision.

“I hope all Republican House Members vote NO on FISA until such time as our Country is able to determine how and why the greatest political, criminal, and subversive scandal in USA history took place!” Trump tweeted, referring to the Foreign Intelligence Surveillance Act.

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Trump's tweet comes after months of speculation about whether he would support the bill and less than a day before it is scheduled to get a vote on the House floor Wednesday, throwing an eleventh-hour curveball into its path.

The Senate approved legislation in a bipartisan vote earlier this month reauthorizing three expired surveillance programs under the USA Freedom Act, a 2015 intelligence reform law.

The initial version of the bill, which passed the House in a 278-136 vote in March, included some changes to the FISA court as part of a deal backed by Attorney General William BarrBill BarrWe haven't seen how low it can go Trump lashes out at Toomey, Romney after Roger Stone clemency criticism GOP senator says Trump commuting Stone was a 'mistake' MORE and supported by some of Trump's biggest allies, including Rep. Jim JordanJames (Jim) Daniel JordanDavis: Supreme Court decision is bad news for Trump, good news for Vance Sunday shows preview: Coronavirus poses questions about school safety; Trump commutes Roger Stone sentence Nadler: Barr dealings with Berman came 'awfully close to bribery' MORE (R-Ohio) and Sen. Lindsey GrahamLindsey Olin GrahamGraham says he will call Mueller to testify before Senate panel about Russia probe Romney blasts Trump's Stone commutation: 'Historic corruption' Lincoln Project offers list of GOP senators who 'protect' Trump in new ad MORE (R-S.C.).

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But the Senate included new legal protections for some FISA warrant applications in a win for civil liberties-minded lawmakers, and the amended bill passed 80-16, forcing it to go back to the House for a second vote. The Justice Department opposed the changes, saying that they would "unacceptably degrade" the U.S. government's ability to carry out surveillance.

Trump’s tweet Tuesday came hours after House leaders agreed to consider an amendment that would tighten the limits on the FBI’s ability to access Americans’ web browsing history. A similar provision was defeated by one vote in the Senate, where senators who would have supported it were absent, putting pressure on House leadership to revive it.

But in another potential setback for the bill, Sen. Ron WydenRonald (Ron) Lee WydenTrump administration to impose tariffs on French products in response to digital tax Mnuchin: Next stimulus bill must cap jobless benefits at 100 percent of previous income Congress must act now to fix a Social Security COVID-19 glitch and expand, not cut, benefits MORE (D-Ore.), who helped spearhead the Senate amendment, said Tuesday night that he could not support the House version from Reps. Zoe LofgrenZoe Ellen LofgrenState and local officials beg Congress to send more election funds ahead of November FEC commissioner resigns, leaving agency without a quorum again OVERNIGHT ENERGY: DOJ whistleblower says California emissions probe was 'abuse of authority' | EPA won't defend policy blocking grantees from serving on boards | Minnesota sues Exxon, others over climate change MORE (D-Calif.) and Warren DavidsonWarren Earl DavidsonGOP-Trump fractures on masks open up House punts on FISA, votes to begin negotiations with Senate House cancels planned Thursday vote on FISA MORE (R-Ohio). Wyden pointed to a statement by House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffSunday shows - Spotlight shifts to reopening schools Schiff: 'Anyone who cares about the rule of law in this country is nauseated' by Stone sentence commutation Many Democrats want John Bolton's testimony, but Pelosi stays mum MORE (D-Calif.), who appeared to interpret the House amendment as only preventing warrantless collection under the program when the order specifically targets an American.

"It is now clear that there is no agreement with the House Intelligence Committee to enact true protections for Americans rights against dragnet collection of online activity, which is why I must oppose this amendment, along with the underlying bill, and urge the House to vote on the original Wyden-Daines amendment," Wyden said in a statement. 

Trump has long alleged that FISA was abused by the FBI to improperly surveil members of his 2016 campaign and undermine his White House bid. The president suggested in March that he was considering vetoing legislation under consideration by the Senate renewing the surveillance powers; that was a different version than the bill that ultimately passed by the upper chamber earlier in May.

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Sen. Rand PaulRandal (Rand) Howard Paul'Live with it' is the new GOP response to COVID — but no, we can't do that Koch-backed group urges Senate to oppose 'bailouts' of states in new ads How conservative conspiracy theories are deepening America's political divide MORE (R-Ky.), who voted against the legislation in the Senate, has been urging Trump to oppose the bill, but he, like many of his GOP colleagues, acknowledged earlier this month that he didn't know where Trump would come down.

“Whether or not he’ll actually get involved ... that’s the real question on this, and I don’t know how it will come down,” Paul said ahead of the Senate's vote

A Justice Department inspector general investigation completed last year faulted the FBI for errors and omissions in surveillance applications used to wiretap former Trump campaign adviser Carter Page as part of the bureau’s investigation into Russian interference.

The internal watchdog review did not find evidence that agents were motivated by bias in their decisions to open investigations into Trump campaign associates, however, undermining a key talking point of Trump and his GOP allies.

Graham is doing a deep dive into the FBI investigation, including the FISA court and the Page warrant applications. He's hoping to release a report on his findings by October, before the election, and to potentially offer additional FISA-related legislation. 
 
“We’re going to investigate the investigators and try to find out how Hurricane Crossfire got off the rails,” Graham said earlier this month.  

Tal Axelrod contributed.

Updated: 9:25 p.m.