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 NEWS & UPDATES

Stefanik Provision Requires Congressional Oversight When FBI Investigates Candidates

12/6/2025

 
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Rep. Elise Stefanik (R-NY)
​Several years ago, Michael Horowitz, Inspector General of the Department of Justice, issued a scathing report detailing the errors of omission and commission in the FBI’s secret surveillance of then-presidential candidate Donald Trump in 2016. Since then, the FBI has been caught collecting the metadata of U.S. Senators’ phones, as well as warrantlessly extracting data on political donors, Members of Congress, and a state judge – targets in both parties.

The FBI’s political surveillance was so out of control that by 2023 the chair of the House Progressive Caucus and the former chair of the House Freedom Caucus teamed up to publicly warn of the chilling effect of FBI spying on the political process.

On Wednesday, Rep. Elise Stefanik (R-NY) secured the inclusion of a provision reining in the FBI in the annual National Defense Authorization Act (NDAA). It is a measure, in her words, that would require “Congressional disclosure when the FBI opens counterintelligence investigations into presidential and federal candidates seeking office.”
​

Given the lack of trust that now exists between the parties, Stefanik’s provision should attract support from both sides of the aisle in the Senate and when the NDAA goes to a conference committee. Even the FBI should welcome it, ensuring that any investigations of candidates are above board and discreetly disclosed to congressional overseers.

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