A major US surveillance authority is on the verge of expiring after lawmakers failed Thursday to advance a temporary extension, setting off a high-stakes confrontation between Congress and President Trump over his decision to install Bill Pulte as acting director of national intelligence.
The breakdown has raised the possibility that Section 702 of the Foreign Intelligence Surveillance Act, one of the government’s most important foreign intelligence tools, could lapse when it expires at midnight Friday. The dispute centers on Trump’s refusal to nominate a permanent replacement to lead the nation’s intelligence community.
Trump has continued to back Pulte, who currently serves as a federal housing finance regulator, despite criticism that he lacks the qualifications traditionally associated with the intelligence post. Democrats have argued that they will not support a renewal of the surveillance authority unless Trump withdraws Pulte and submits a permanent nominee for Senate consideration.
Efforts to pass a short-term extension collapsed in the House, where nearly all Democrats joined a number of Republicans in voting against the proposal. Attention now shifts to the Senate, although prospects for salvaging the measure before the deadline appear increasingly uncertain.
If the authority expires, intelligence agencies could face new restrictions on their ability to monitor foreign targets overseas. The timing is particularly sensitive as the United States prepares to host World Cup events and approaches celebrations marking the country’s 250th anniversary.
“We can’t let them extort us,” Trump said of Democrats.
The president has defended his decision to keep Pulte in the role temporarily and has asked lawmakers for additional time to select and confirm a permanent intelligence chief. Trump has also indicated that he wants Pulte to begin reducing the size and scope of intelligence agencies.
As the deadline approaches, both parties have accused the other of jeopardizing a surveillance program that many national security officials regard as critical to protecting the country.
“We’re going to ask every member here to do the right thing,” said House Speaker Mike Johnson, R-La. “We cannot allow that to go dark.”
Democratic leaders formally announced their opposition to the extension, arguing that Pulte’s background does not satisfy statutory requirements calling for substantial national security experience.
“The apparent motivation for his elevation is the demonstrated willingness of Bill Pulte to search government databases for alleged dirt on President Trump’s chosen political enemies,” Democrat leader Hakeem Jeffries of New York and the leadership team said in a joint statement. They said there is a path to reauthorizing FISA, “but it will require enacting meaningful reforms.”
Republican lawmakers have spent much of the week pressing Trump to move quickly on a permanent nominee. Despite those efforts, the president has maintained that he requires additional time to complete the selection process.
Senate Majority Leader John Thune, R-S.D., said Republican leaders have “made our views known” to the White House.
The vacancy arose following the departure of Tulsi Gabbard. Trump has said he is evaluating five potential candidates for the position.
According to Johnson, the White House views Pulte’s tenure as a temporary assignment focused on restructuring the intelligence bureaucracy.
Johnson said the president has made it very clear that Pulte will serve a “very short term — a sort of renovation role” to help the Office of the Director of National Intelligence be “renovated and downsized.”
That explanation has done little to ease concerns among House Democrats.
In a letter to Trump, Intelligence Committee Democrats led by Connecticut Rep. Jim Himes described Pulte as a “uniquely poor choice” even for an interim appointment.
Critics from both parties have cited not only Pulte’s lack of intelligence experience but also actions taken during his tenure at the Federal Housing Finance Agency. He has been associated with criminal referrals tied to allegations of mortgage fraud involving several public officials whom Trump has publicly criticized, including New York Attorney General Letitia James, Sen. Adam Schiff, and Federal Reserve Board member Lisa Cook.
“He has distinguished himself only as someone who will do or say anything to stay in your good graces,” Himes and the other lawmakers wrote, “qualities that are precisely the opposite of what our nation needs.”
Section 702 gives agencies including the CIA, NSA, and FBI authority to collect communications involving foreign targets located outside the United States without obtaining traditional warrants.
Although privacy concerns have led lawmakers in both parties to push for restrictions over the years, Congress had recently appeared close to agreement after negotiators developed a bipartisan compromise to renew the authority.
One of the architects of that compromise, Virginia Sen. Mark Warner, said the controversy surrounding Pulte has now become a major obstacle to passage.
Warner said Pulte’s appointment to replace Gabbard is “a live hand grenade” disrupting the process.
The Virginia Democrat has proposed allowing the surveillance authority to continue temporarily only if Principal Deputy Director of National Intelligence Aaron Lukas serves as acting chief during that period.
Meanwhile, Republican Sens. Tom Cotton and Chuck Grassley warned the administration that the surveillance authority may soon expire and urged officials to prepare accordingly.
The administration should prepare “for a potential significant gap in foreign intelligence collection,” they wrote in a letter.
Following widespread criticism of Pulte’s temporary elevation, Trump indicated last week that he does not intend to nominate him permanently. Nevertheless, opponents continue to insist that Pulte should be removed immediately and replaced by a nominee who can win Senate confirmation.
Despite that pressure, Trump announced Tuesday that Pulte would assume the acting role sooner than originally planned, beginning June 19.
Among the names being discussed as a possible permanent replacement is Pete Hoekstra, the US ambassador to Canada and a former chairman of the House Intelligence Committee. According to a person familiar with the discussions, the White House has contacted Hoekstra about the position and conversations remain ongoing.
{Matzav.com}