United States congressman Jim Himes, the ranking Democrat on the House Intelligence Committee, is privately lobbying colleagues to preserve the FBI’s power to conduct warrantless searches of Americans’ communications, WIRED has learned, arguing that he has seen no evidence that the Trump administration is abusing its authority.
In a letter obtained by WIRED, Himes urges fellow Democrats to support the White House’s request to renew a controversial surveillance program that intercepts the electronic data of foreigners abroad. While targeted at foreigners, the program—authorized under Section 702 of the Foreign Intelligence Surveillance Act—also sweeps in vast quantities of private messages belonging to US citizens.
Himes’ pitch relies on the “56 reforms” passed by Congress in 2024, which codified the FBI’s own internal protocols as a substitute for constitutional warrants. In the letter, Himes claims these changes are “working as intended” to prevent domestic misuse, citing a compliance rate “exceeding 99 percent” over the past two years.
The structural foundations of that defense, however, have been fundamentally altered by recent changes within the FBI. Himes’ “99 percent” compliance metric was produced by the Office of Internal Auditing, for instance—a unit that long served as a smoke alarm designed to detect illegality, but no longer exists.
The unit was shuttered by FBI director Kash Patel last year. Historic court opinions based on its data had previously exposed hundreds of thousands of improper FBI searches. Without the auditors required to calculate failure rates, the compliance mechanisms Himes points to have effectively ceased to function.
In a statement, Himes’ office largely reiterated the positions laid out in his letter to colleagues. “I am open to making further reforms to Section 702, building on the many successful reforms we made in reauthorization legislation two years ago,” he says. “A short-term reauthorization of Section 702 will enable Congress to thoroughly debate the pros and cons of these suggested reforms—and to determine if compromise is possible—without placing our national security in peril by allowing the program to expire.”
As a member of the so-called Gang of Eight—a bipartisan group of lawmakers who are briefed on highly sensitive classified information—Himes possesses some of the deepest knowledge of the spy program. Nevertheless, his letter contains several other claims that appear fundamentally at odds with the mechanics of FISA oversight.
“Because of how heavily it is overseen by all three branches of government,” Himes says, “any effort to misuse the program would almost certainly become known to the Foreign Intelligence Surveillance Court and to Congress.”
The Foreign Intelligence Surveillance Court is a secret court that possesses no investigative arm to audit FBI databases. Similar to Congress, its oversight role is purely reactive, relying entirely on the US Justice Department to self-report violations.
“Neither Congress nor the FISA Court conducts independent audits of the FBI’s queries,” says Liza Goitein, senior director of the Brennan Center’s Liberty and National Security Program. “They rely on the Department of Justice to conduct thorough audits and to report the results truthfully and promptly. This particular Department of Justice has gutted internal oversight mechanisms and has been rebuked by dozens of federal courts for providing inaccurate, misleading, or incomplete information.”
There are no judges standing between the FBI and the private communications of millions of Americans, something that Himes and other members of his committee claim is necessary for the government to react quickly to terrorist threats. Critics argue that, given the current administration’s efforts to dismantle internal checks at the FBI, this is a massive vulnerability, leaving Americans exposed to surveillance abuses that will take years to declassify—if they’re ever reported at all.
