President Donald Trump’s pick to lead the Office of National Intelligence has thrown a contentious congressional battle into an even more precarious state. Appointee Bill Pulte’s off-color past, lack of requisite qualifications and history of pursuing Trump’s personal vendettas against perceived enemies have some lawmakers thinking twice about reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA), a controversial warrantless wiretapping law. Already worried about how this White House would use the authorities granted by the law, Democrats now point to the controversial nomination as further justification to vote against the polarizing spy powers.
A bipartisan Senate group working toward reauthorizing the provision had been “expected to deliver the votes necessary to move ahead” with their plan last week, said The New York Times — until Democrats’ “anger” over Pulte being named “prompted an almost unanimous retreat from the emerging deal” on Friday. The failed vote reflected “growing unease” with Pulte’s having led a “campaign of retribution” on Trump’s behalf while leading the Federal Housing Finance Agency, as well as his “lack of national security experience.”
The “very nature” of America’s surveillance data collection is “now going to be put in the hands of somebody who has a history of seeking out private information for political gain,” said Sen. Chris Murphy (D-Conn.) per Semafor. “Everything’s up in the air now,” said Virginia Sen. Mark Warner, ranking member of the Senate Intelligence Committee, per The Times.
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Democrats are now “threatening to let the government’s spy powers lapse,” said Axios. House Minority Leader Hakeem Jeffries (D-N.Y.) has “suggested that Democrats would vote en masse against renewing FISA” because of Pulte, said Punchbowl News, echoing Warner’s “similar threat.”
It is “absolutely outrageous” that Democrats would “try to play politics right now,” said House Speaker Mike Johnson (R-La.) at a press conference last week. Among Republicans, however, opponents of the FISA renewal include “longstanding surveillance skeptics” who have been “some of the loudest voices within the conference” advocating for stronger warrant rules, said Politico. Now, Republicans “will likely need at least some Democratic support in the House” on top of at least seven Democrats in the upper chamber to reauthorize the FISA bill before a June 12 expiration deadline, said The Hill.
The GOP is “going to need some help from Democrats, obviously,” said Senate Majority Leader John Thune (R-S.D.) to reporters after Friday’s failed vote. Despite acknowledging that the “timing arguably wasn't the best” for Trump to announce Pulte’s appointment during the FISA negotiations, Thune “notably defended” Pulte from allegations he’d “targeted Trump’s opponents” at the Federal Housing and Finance Agency, said Punchbowl reporter Laura Weiss on X.
Pulte may not be “statutorily qualified” for the role, said Texas Republican Rep. Michael McCaul on ABC’s “The Week.” But failing to renew Sec. 702 during this summer’s World Cup and semiquincentennial celebrations would be the “most grossly irresponsible thing I’ve seen Congress do in my 22 years in office.”
What next?
Once “on track to pass a compromise bill after protracted negotiations” with Democrats, Republicans now “believe the renewal could be held up” past the June 12 deadline, said Reuters. The White House should “plan for a potential significant gap in foreign intelligence collection,” said Senators Tom Cotton (R-Ark.) and Chuck Grassley (R-Iowa) in a letter to Secretary of State Marco Rubio this past weekend.
In their letter, the Republican senators “blamed the situation on Senate Minority Leader Chuck Schumer,” Reuters said. However, on “one level,” the letter means “they’re acknowledging reality,” said Connecticut Rep. Jim Himes (D) on CBS’s “Face The Nation.” Pulte’s appointment has “taken 702 reauthorization off the table.”
Last week’s scuttled extension deal is now “empowering privacy hawks in both parties,” said Politico. Section 702 critics feel they “have momentum to kill any FISA deal” that doesn’t address their policy concerns, “whether Pulte gets yanked from his acting leadership post or not.”
