National Defense

DOJ Reportedly Appealing Ruling That Limits Feds’ Ability To Use Notorious Spy Tool

(Official White House Photo by Daniel Torok)

The Trump Department of Justice (DOJ) is appealing a ruling limiting the use of certain tools to collect Americans’ data, according to The New York Times.

Congress is currently weighing an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows warrantless surveillance of foreign nationals’ communications with Americans, as President Donald Trump urges Republicans to renew the program before its  authorization expires on Monday.

Meanwhile, the Foreign Intelligence Surveillance Court (FISC) issued a classified ruling in March extending the program’s ability to collect emails and phone calls through March 2027, though the judge objected to tools analysts use to “process messages,” per the NYT.

Under the court’s ruling, intelligence agencies like the FBI, CIA and National Security Agency (NSA) cannot use filtering systems that refines search results to examine communications of specific individuals who contact foreigners, the NYT reported, citing a person familiar.

The DOJ did not immediately respond to a request for comment.

I just viewed 2 Top Secret FISA docs.

1) FISA Court opinion that raises serious concerns about FBI implementation of FISA 702.

2) letter by Senator Wyden describing a secret government interpretation of FISA law.

The Constitution requires I vote No on FISA 702 reauthorization.

— Thomas Massie (@RepThomasMassie) April 16, 2026

Director of National Intelligence (DNI) Tulsi Gabbard allegedly disagreed with the president about a clean extension of Section 702 in February, Politico reported Thursday.

“While parts of FISA were illegally and unfortunately used against me in the Democrats’ disgraceful Witch Hunt and Attack in the RUSSIA, RUSSIA, RUSSIA Hoax, and perhaps would be used against me in the future, I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!” Trump wrote Wednesday on Truth Social.

“Our Military Patriots desperately need FISA 702, and it is one of the reasons we have had such tremendous SUCCESS on the battlefield,” he continued. “I have spoken with many in our Military who say FISA is necessary in order to protect our Troops overseas, as well as our people here at home, from the threat of Foreign Terror Attacks.”

Trump previously called Republicans in 2024 to “KILL FISA” because it was “ILLEGALLY USED” used to spy on his campaign. A 2019 DOJ inspector general’s report found “significant inaccuracies” in the FBI’s application for FISA warrants against a Trump campaign adviser, and the DOJ later conceded that two of the four orders were not valid.

The FBI conducted more than 200,000 warrantless searches Americans’ information under Section 702 in 2022, according to an Office of the Director of National Intelligence (ODNI) report.

House Republicans are floating several proposals as negotiations over extending the authority continue ahead of a vote. Suggestions include a clean short-term extension, as well as an extension longer than the White House’s preference of 18 months that includes “significant reforms,” according to Politico.