With an end-of-the-week expiration of a federal spy program rapidly approaching, some in Congress are threatening to tank talks over the man the Trump administration has appointed to the nation’s highest surveillance position.
On Friday, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which grants the federal government the authority to surveil foreigners without a warrant, will expire.
In order for Congress to extend the authority, Republicans and Democrats in the Senate will have to come to an agreement. In April, Congress voted twice for short-term extensions of the power after failing to agree on a compromise framework for reforms.
But now, Democrats appear to be attempting to leverage the FISA deadline to oust Bill Pulte, Trump’s pick as acting Director of National Intelligence.
“I wonder whether the president actually wants [FISA] extended, because to pick someone like Bill Pulte, who doesn’t have an ounce of intelligence or national security experience… that background we’re going to turn him over the keys to the 18 intelligence agencies at this moment in time?” Sen. Mark Warner of Virginia, the top Democrat on the Senate intelligence committee, said on Fox News Sunday.
Democrats have also criticized Pulte for his actions as director of the Federal Housing Finance Agency.
While in this position, Pulte alleged that Federal Reserve Gov. Lisa Cook had improperly listed multiple primary residences.
The Trump administration used this allegation as justification to attempt to oust Cook.
Warner continued, “The president is choosing somebody so grossly unqualified and many Republicans agree with this. And to choose him and put him into this position as the 702 renewal is coming up—I don’t get what’s going on here.”
In response to Warner, White House spokesman Davis Ingle told the Daily Signal, “The president chooses the best and most talented people to serve in his Cabinet. That is why this administration has achieved record successes for the American people. Bill Pulte is a great selection, and he will do a great job on behalf of the American people.”
He added, “Holding FISA hostage puts America’s national security at risk and it is shameful that some Democrats are threatening to put partisan politics ahead of the safety of the American people.”
On Monday, Rep. Rick Crawford of Arkansas, the top Republican on the House intelligence committee, urged senators to extend FISA, arguing the Pulte appointment is a separate issue.
“To my Senate colleagues: STOP PLAYING POLITICS WITH 702,” Crawford wrote on X. “Getting this right to protect America from foreign spies, cyber saboteurs, and global terrorists while tightening protections against abuses is one of the most important RESPONSIBILITIES we have as a Congress.”
Crawford added, “Whatever you think of the President’s personnel decisions, the Director of National Intelligence—acting or confirmed—doesn’t even use 702. This is the wrong fight at the wrong time. Pass the bill and get this done!”
But Republicans might also have to worry about a lack of unanimity in their own party.
Retiring Rep. Don Bacon, R-Neb., entered the debate on Monday, declaring the administration should move away from pushing Bill Pulte as Director of National Intelligence.
“FISA gives us over 50% of our most sensitive intelligence and has enabled the U.S. to stop multiple terrorist attacks. Letting FISA lapse would reflect a nation paralyzed by hyper-partisanship and dysfunction,” wrote Bacon on X. “POTUS can help by canceling plans to put Bill Pulte as Acting DNI.”
Republican leaders already have their hands full negotiating a FISA extension, as privacy hawks in the House and Senate are demanding reforms of the program to prevent the warrantless surveillance of American citizens’ data.
