Power & Secrets Monitor

FISA 702 Surveillance Noncompliance and Reauthorization Fight

FISA 702 Surveillance Noncompliance and Reauthorization Fight

Key Questions

Why did the Justice Department withdraw subpoenas against New York Times reporters?

The DOJ dropped the subpoenas after a judge criticized the government's sloppy legal work and failure to respect First Amendment protections for journalists covering Air Force One reporting. This follows similar withdrawals in cases involving The Washington Post and The Wall Street Journal.

What is the status of the FISA 702 reauthorization?

The program expired on June 12 after the House rejected renewal, partly over the Pulte nomination dispute. Sen. Rand Paul has introduced legislation to eliminate secret FISA courts amid ongoing concerns.

How have FBI surveillance queries changed recently?

FBI queries under FISA 702 increased 34% to 7,400, targeting journalists, members of Congress, and BLM activists. Related developments include the upcoming Comey trial on July 15 and Director Patel's purges.

Program expired June 12; House rejected renewal over Pulte nomination. FBI queries +34% to 7.4k on journalists/Congress/BLM; Comey trial July15, Patel purges, SCOTUS Chatrie geofence case ongoing. Rand Paul bill to end secret FISA courts. New: DOJ withdrew subpoenas of three NYT reporters after judge excoriated them for sloppy work and ignoring First Amendment protections; follows similar retreats with WaPo and WSJ.

Sources (1)
Updated Jul 31, 2026