Senate pushes forward FISA surveillance bill as expiration looms

The Senate voted to proceed to debate on a bill to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) on Thursday, clearing an important procedural hurdle before the previous version expires on Friday. 

A cloture motion to begin voting on the bill passed by a vote of 67-32, with senators of both parties supporting and opposing it. The chamber was able to avoid a potential filibuster by breaking the necessary 60-vote threshold. 

"We obviously don’t have a lot of time left before FISA authorities expire. In fact, less than two days," Majority Leader Chuck Schumer, D-N.Y., said on the floor ahead of the vote to begin debate. 

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The renewal has the support of both Schumer and Senate Minority Leader Mitch McConnell, R-Ky. The Kentucky Republican warned his Senate colleagues against pushing for an amendment to require warrants, as Republicans in the House did unsuccessfully. 

"Misguided efforts to require a criminal-law warrant to sort and organize those data on U.S. persons would end the ability of the FBI to keep America and Americans safe," McConnell said earlier this week. 

"Frankly, they would forget the lessons of 9/11," he claimed. "So I’ll oppose any such efforts and urge my colleagues to do the same."

He noted that senators should expect votes on Friday if FISA is not reauthorized on Thursday. 

Some of the prominent senators voicing their opposition to the FISA bill are Sens. Mike Lee, R-Utah, and Rand Paul, R-Ky. Lee has made his objections to the lack of a provision requiring a warrant known. "The documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment Rights of American citizens," he said in a March statement while introducing a bipartisan bill to amend FISA. 

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Paul has further claimed the bill allows "spying on Americans through FISA, the way they spied on Trump."

On the other side, Sen. Jon Tester, D-Mont., also came out against the renewal. "I do not support reauthorizing FISA Section 702 in its current form and call on the Senate to take action to stop warrantless searches by the government and law enforcement agencies to protect Montanans’ freedom and privacy," he said in a statement. 

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Sen. Ron Wyden, D-Ore., claimed the measure would "dramatically" expand the powers given to the government under FISA. 

"The government can force you to help it spy," he said in a statement. "That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer." 

However, a much larger bipartisan coalition have underscored why they think renewing FISA is so important. "In this dangerous climate, it is clear that shutting down FISA would be the biggest national security mistake in the history of America," Sen. Lindsey Graham, R-S.C., said in a statement last week.

FBI Director Christopher Wray also recently pleaded with Congress to reauthorize the security tool, telling a House committee that "failing to reauthorize 702 or gutting it with some kind of warrant requirement would be dangerous and put American lives at risk." 

While many push for a quick renewal, several senators have expressed their desire to see changes to the legislation, putting passage before the Friday deadline in doubt.

Senate Democrats could spoil Biden’s Muslim judicial nominee over ‘deeply concerning’ ties

President Biden's chosen nominee for the 3rd Circuit Court of Appeals is in danger of failing to garner enough votes to be confirmed in the Senate after concerns rose over his affiliations with groups tied to criminal and alleged antisemitic figures.

Adeel Mangi is a partner at Patterson Belknap Webb & Tyler LLP and received his master of laws degree from Harvard Law School in 2000. The nomination would be a first for Biden. Mangi would be the only Muslim to serve on a federal appeals court if confirmed. 

However, Senate Republicans and Democrats have expressed concern over the nominee in recent days, putting his confirmation at risk. With a roughly evenly divided Senate, Mangi likely needs the support of every Democrat in the body, as well as all three independents. 

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Mangi has been affiliated with both the Center for Security, Race and Rights (CSRR) at Rutgers Law School and the Alliance of Families for Justice (AFJ), both of which have controversial records. 

The CSRR has hosted numerous speakers that the advocacy group Jewish Federation of Greater MetroWest NJ and watchdog group Judicial Crisis Network (JCN), among others, have accused of antisemitism. The speakers included associate professor Noura Erakat, who was advertised in 2020 to be participating in a panel alongside senior Hamas leader Ghazi Hamad. Many of the center's events that have been subject to public outcry have notably occurred after Hamas' Oct. 7 terrorist attack on Israel. 

The group has also welcomed speakers who have been accused by JCN and others of sympathizing with terrorists connected to the 9/11 terrorist attacks in New York City. 

Mangi served on the organization's advisory board from 2019 to 2023.

The AFJ also has ties that concern some lawmakers. One of its founding board members, Kathy Boudin, was affiliated with the FBI-designated domestic terrorist organization Weather Underground and pleaded guilty to murdering two police officers and a security guard in 1981 while robbing an armored truck. 

Mangi is listed as a current advisory board member for AFJ. 

"Mr. Mangi’s affiliation with the Alliance of Families for Justice is deeply concerning," Democratic Sen. Catherine Cortez Masto of Nevada said in a statement to Fox News Digital Wednesday. 

"This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee." 

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Cortez Masto's potential defection could upend Biden's effort to confirm Mangi. The Nevada senator revealed Tuesday she was one of the Democrats who privately warned Biden about a lack of support for his nominee. A report had previously alleged several senators told the White House Mangi may not be able to earn enough votes for confirmation. 

A number of Democratic senators refused to say whether they would support Mangi's nomination, including Bob Casey, D-Pa., and Tammy Baldwin, D-Wis., who are both up for re-election in competitive matchups in November. 

"When there's a vote scheduled, we'll talk about it then," said Casey. 

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The Pennsylvania senator declined to address whether he had reservations about the nominee. 

"I give every nominee serious consideration," Baldwin said. "We're looking at it right now."

Sen. Ted Cruz, R-Texas, a member of the Senate Judiciary Committee, has already raised concerns over Mangi.

"It is becoming more and more clear every day that Mangi is not going to have the votes to get confirmed," Cruz told Fox News Digital. "And it was foolish for President Biden to nominate an individual who has a record of serving on the board of an organization that has rationalized and apologized for 9/11 and has welcomed radical terrorists to its programming."

The only question left, he said, is "how long the White House will let Mr. Mangi hang out on a limb."

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At the same time, many Democrats reiterated their plan to support Mangi when speaking to Fox News Digital Tuesday.

Sen. Sheldon Whitehouse, D-R.I., said he will vote to confirm Biden's nominee "as I did in committee."

"No worries," Sen. Tammy Duckworth, D-Ill., said of her support for Mangi. 

But with such a divided upper chamber, it may only require a few Democratic votes to prevent his confirmation, making the support of the rest of the caucus moot. 

Republican efforts to highlight Mangi's controversies came to a head Wednesday, when Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., called on Biden to withdraw his nomination. 

"It has been a long-standing position of mine to give great deference to executive appointments, particularly judicial appointments, for both parties," he said in a press release. "However, it is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate.

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"I urge President Biden to seriously listen to these concerns and withdraw Mr. Mangi’s nomination."

In a statement to Fox News Digital, the White House defended the president's choice for the court. 

"President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day, including from the seventh law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush," said White House spokesperson Andrew Bates. 

He claimed Mangi is "being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge."

Bates further urged Senate Democrats to "side with the qualities that make America exceptional — which Mr. Mangi embodies — not the hateful forces trying to force America into the past."  

Fox News Digital has reached out to CSRR, AFJ and Patterson Belknap Webb & Tyler LLP, where Mangi is a partner, for comment.

Biden tells donors Israel is losing support globally

President Biden is warning that Israel is losing global support in its continued war against Hamas, according to the White House press pool.

Biden made the comments Tuesday during his campaign reception at the Salamander hotel in Washington, D.C.

"Bibi's got a tough decision to make," Biden told attendees, referring to Israeli Prime Minister Benjamin Netanyahu.

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"This is the most conservative government in Israel's history," Biden said. He added that the current Israeli government "doesn't want a two-state solution."

Biden claimed that in order to avoid a global turn of perception against Israel, Netanyahu "has to strengthen and change."

"There’s a lot to do and we’re going to have to be strong supporters of Israel," Biden said. "The goal is Israel’s security."

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He added, "We’ve got a lot of work to do."

Israel's ongoing conflict with Hamas began after the terrorist group launched an attack on Israeli civilians, infiltrating the country on Oct. 7 and killing more than 1,200 Israelis.

Israel has come under fierce international condemnation for the high numbers of civilian casualties in its counterattacks following the massacre, although the Biden administration has firmly supported the state's right to self-defense. 

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Biden hosted a Hanukkah celebration on Monday at the White House, where he condemned the rise of antisemitism during the Israel-Hamas war as "sickening." 

In remarks in front of Jewish lawmakers and other attendees, Biden harshly criticized those who remain silent in the face of antisemitism and reiterated his long-standing support for Israel.

"I got in trouble, got criticized very badly by the southern part of my state and some of the southern parts of the country, when 35 years ago I said, ‘You don’t have to be a Jew to be a Zionist. And I am a Zionist,'" Biden said. 

Fox News Digital's Chris Pandolfo contributed to this report.