Speaker Johnson huddles with Trump to try to finalize FISA deal

(WASHINGTON) -- President Donald Trump and House Speaker Mike Johnson are meeting at the White House on Tuesday as the deadline nears for Congress to reauthorize Section 702 of the Foreign Intelligence Surveillance Act.

Their huddle comes as Trump's choice of Bill Pulte to be acting director of national intelligence slows efforts on Capitol Hill to renew the controversial spy program by end of day Friday, or face the first-ever lapse in the program's legal authorization.

Democrats in both chambers have signaled objections to Pulte, contending the director of the U.S. Federal Housing Finance Agency does not have any national intelligence experience. 

As he left the Capitol on Tuesday, Johnson told ABC News Correspondent Jay O'Brien that it's up to the president to choose whoever he wants to run the Office of the Director of National Intelligence, rebuffing pressure to change course.

"Is it time for the president to change his mind on Bill Pulte as acting DNI?" ABC's O'Brien asked Johnson.

"It's the president's prerogative," Johnson answered. "I'm going over there right now to visit with him and his team about a number of items."

At the top of that list is FISA's Section 702, which allows the federal government to collect communications of foreigners abroad without a warrant, including when those people are communicating with Americans. The program has been fully reauthorized by Congress three times since the intelligence tool was created by law in 2008.

House Majority Leader Steve Scalise told reporters that Trump and Johnson are meeting "to finalize this agreement on FISA."

"FISA has been used time and time again to stop terrorist attacks here on our homeland on American soil to prevent terrorist attacks, and that's a critical, critical tool that we need to renew," Scalise said.

Johnson signaled that the House is waiting for the Senate to act on FISA, a feat that will require the bipartisan support of at least 60 senators.

"We passed FISA reauthorization in the House in April. It's still sitting over in the Senate. They're working on another compromise bill," Johnson told ABC News. "We'll pass what they send."

Senate Majority Leader John Thune told reporters on Tuesday that he believes Trump is "weighing seriously" naming a permanent nominee to serve as director of national intelligence as Pulte's appointment stalls FISA movement on the Senate floor. Pulte can only serve on an acting basis for up to 210 days without Senate confirmation.

Thune said he has not spoken directly to Trump about Pulte but that he's "been in contact with somebody over there that cares a lot about this."

"I don't think [it's] about replacing Pulte," Thune said when asked about what the White House might be considering as a next step. "I think they're weighing seriously making a long-term pick."

Pulte is best known in the Trump administration for launching probes into several of the president's perceived political enemies over allegations of mortgage fraud and possible misuse of authority. Targets of the investigations include Federal Reserve Governor Lisa Cook, New York Attorney General Letitia James, Democratic Sen. Adam Schiff and former Democratic Rep. Eric Swalwell. They've all denied wrongdoing.

Before the president announced he was tapping Pulte to lead ODNI in the wake of Tulsi Gabbard's resignation, a bipartisan group of lawmakers was coalescing toward passage of a three-year FISA reauthorization. But Democrats are now balking at a long-term extension over their objections to Pulte.

"This was a bipartisan, bicameral, four-corners deal that everybody had pretty much signed off on, and the naming of Pulte to that position, although the timing arguably wasn't the best, I still don't think it ought to derail something that's this important," Thune said last Friday.

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