Attorney General Pam Bondi told Rep. Andy Biggs (R-AZ) that the Trump administration is prepared to work with Congress to curb warrantless surveillance of Americans, particularly under Section 702 of the Foreign Intelligence Surveillance Act (FISA).
Bondi made the remarks during a House Judiciary Committee hearing that covered several issues, including Biden-era border policies, the Arctic Frost investigation that involved surveillance of lawmakers’ phone records, and broader concerns surrounding FISA authorities.
Section 702 was designed to allow U.S. intelligence agencies to monitor foreign adversaries overseas. However, critics have long argued that the authority has resulted in the incidental collection of Americans’ communications, sometimes searched without a warrant. Privacy advocates contend that such searches conflict with Fourth Amendment protections against unreasonable searches and seizures.
Biggs, who chairs the Judiciary Subcommittee on Crime and Federal Government Surveillance and has been a vocal critic of warrantless searches, reminded Bondi of her testimony during her January 2025 confirmation hearing. At that time, she agreed with Sen. Mike Lee (R-UT) that when Americans’ private communications are intercepted or stored, those communications should not be searched without probable cause.
During the 2024 debate over reauthorizing FISA, Biggs introduced an amendment that would have required a warrant before searching Americans’ data collected under Section 702. The amendment failed in a 212-212 vote, with 86 Republicans supporting the proposal. House Majority Whip Tom Emmer (R-MN) was among those who voted in favor.
At Wednesday’s hearing, Biggs asked Bondi whether any additional exceptions would be necessary to preserve national security operations while protecting Americans’ privacy rights. He emphasized that his amendment preserved operational exceptions for emergencies, cybersecurity threats, and defensive queries.
Bondi responded that the administration is committed to working with Congress on the issue. She also referenced broader concerns about alleged weaponization of federal law enforcement under prior leadership, including investigations led by former Special Counsel Jack Smith.
“We are committed to working with Congress to uncover weaponization and other misconduct,” Bondi said, adding that her office is coordinating with House Judiciary Chairman Jim Jordan and members of the House Intelligence Committee.
Her comments suggest potential cooperation between the Justice Department and lawmakers seeking changes to how Section 702 is implemented, as debates over surveillance reform continue.
