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A Republican-backed measure in this year’s annual defense policy bill is aimed at significantly expanding FBI transparency in American elections.
A provision in the 3,000-page National Defense Authorization Act (NDAA) would force the bureau to disclose the initiation of a “counterintelligence assessment or investigation” against a candidate for federal office or a current elected official within 15 days of its launch.
Specifically, it would mandate that the FBI notify the top four congressional leaders in the House and Senate as well as the top Republican and top Democrat on both chambers’ judiciary and intelligence committees.
An exception would be granted if one of those people was the target of such a probe, however.
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The provision was spearheaded by House GOP Leadership Chairwoman Elise Stefanik, R-N.Y., who told Fox News Digital on Monday that it was “a win that I am proud to deliver for transparency and accountability and against the illegal weaponization of the deep state.”
“I am the only remaining House Republican who served on the House Intelligence Committee during the dark Schiff impeachment era,” Stefanik said.
“Congress owes the American people long overdue accountability after the unprecedented illegal weaponization of our federal government, whether it was the illegal Crossfire Hurricane targeting of President Trump in 2016 or more recently the sweeping Operation Arctic Frost.”
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The measure is also backed by House Judiciary Chairman Jim Jordan, R-Ohio. A Jordan spokesman told Fox News Digital that the conservative leader has “always been 100% supportive of this provision.”
Its inclusion came after some fireworks between Stefanik and Speaker Mike Johnson, R-La., last week.
Stefanik had publicly accused the speaker of kowtowing to Democrats and allowing that provision to be removed. Johnson said he was blindsided by Stefanik’s anger and was unaware of her concerns when she had made them public.
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Johnson also said at the time that it had been removed from the final bill during normal procedural discussions between Democrats and Republicans, although he himself supported the measure.
Stefanik later claimed victory on X, however, announcing the provision had been reinstated after a conversation between herself, Johnson and President Donald Trump.
“I had a very productive conversation with Speaker Johnson last night and I shared my views that House Republicans need to focus on delivering results to the American people,” she said last week.
House Republican leadership aides said in answer to a question by Fox News Digital on Monday night that there was “some miscommunication and misunderstandings” related to the provision at first but “we’ve worked through those.”
Aides said House GOP leaders “worked closely with Stefanik’s office and with the committees of jurisdiction to find a way to accomplish her intent and what she was hoping to get out of the provision in a way that that fit with the priorities of the committees of jurisdiction and address some of the concerns that they’d had.”
Jeremy Paul, a professor of law at Northeastern University, told Fox News Digital on Monday that he did not believe there were legitimate concerns over separation of powers with the provision.
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“If it is enacted into law, the executive branch could argue that this is an intrusion on executive power,” he said. “But it’s very tough, because there are no crimes unless the Congress makes something a crime. So Congress really ultimately has control over what is and is not investigated.”
“As far as constitutional arguments, it’s not easy for me to think of one that would derail this statute. That doesn’t mean the statute is a good idea.”
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“If people are breaking the law, then they should be investigated. And if the investigation reveals that their campaign, for example, is being funded by foreign governments, then that ought to be stopped. And this is gonna make it harder for that to happen,” he said.
But conservatives in Congress argue that the provision is critical.
“We support that 110%. I hope it stays in the NDAA in light of what we’ve seen in the last 10 years, particularly what the weaponized Justice Department did to President Trump,” Jordan told FOX Business host Maria Bartiromo last week. “This is definitely needed. I totally support what Elise is trying to get done.”
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