Trump resists naming permanent intel chief, risking surveillance lapse

Republicans and Democrats on Capitol Hill have lobbied President Donald Trump to immediately name a permanent director of national intelligence to make it easier for Congress to renew a key surveillance authority before it expires. But Trump has so far resisted.

Trump has instead doubled down on his temporary pick to lead the intelligence agencies, federal housing finance regulator Bill Pulte, even though he has little experience for the job, and as Democrats are withholding their votes for the renewal of Section 702 of the Foreign Intelligence Surveillance Act, known as FISA, set to lapse on June 12. On Wednesday, Trump asked for a short-term extension of the law to “provide time for the selection and confirmation of a permanent Head of the Agency.”

The impasse could soon result in the U.S. government being limited in what intelligence it can collect abroad just as World Cup games begin in cities around the country and ahead of celebrations for the nation’s 250th anniversary.

Senate Majority Leader John Thune, R-S.D., said Wednesday that Republican leaders have “made our views known” to the White House about the easiest way to get the bill passed, and “we’re just doing what we can here to ensure that the White House understands what will be necessary in order to make that happen.”

Trump said on Friday that he is interviewing five candidates as his pick to lead the agency permanently and that all have a national security background.

“It’s an important position and one that I think will be filled by a highly qualified person,” said House Speaker Mike Johnson, who met with Trump this week to talk about the FISA impasse.

To unlock votes for FISA, though, the pick will have to be soon — and Trump's choice will have to satisfy both Republicans and Democrats.

One of several possible replacements could be Pete Hoekstra, Trump’s ambassador to Canada and a former chairman of the House Intelligence Committee. The White House has reached out to Hoekstra about the job and conversations are ongoing, according to a person familiar with the outreach who requested anonymity to discuss the private conversations.

Section 702 of FISA allows agencies, including the CIA, National Security Agency and FBI, to collect communications from foreign targets overseas without a warrant.

While members of both parties who cite privacy issues have long wanted to limit the authority, there is broad bipartisan support to renew it, especially after Republicans and Democrats recently worked out a compromise bill. But Democrats are now withholding their support because of concerns over Pulte.

Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, has worked with Republicans on the compromise legislation to renew the authority. But he called Pulte’s appointment to replace outgoing DNI Tulsi Gabbard “a live hand grenade” as they try to pass it. Republican leaders tried to start the process last week, but seven Republicans joined nearly all Democrats in blocking a long-term extension.

Warner said Wednesday that the only way he’ll support a short-term extension of the surveillance law is if the principal deputy director of national intelligence, Aaron Lukas, is the acting leader during the duration of that extension.

Sen. Tom Cotton, the chairman of the Senate Intelligence Committee, and Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, have warned the administration that the spy tool is likely to lapse.

The administration should prepare “for a potential significant gap in foreign intelligence collection,” they wrote in a letter.

After bipartisan pushback to Pulte’s temporary appointment, Trump said last week that he would not permanently nominate him to the position. But Democrats, and some Republicans, want his appointment pulled immediately and for Trump to nominate a replacement that can be confirmed by the Senate.

On Tuesday, though, Trump announced that Pulte would not only take over as acting director — he'd also start earlier than expected, on June 19. And he stuck with Pulte on Wednesday, posting that he needed more time to find a permanent replacement and asking for a short-term extension.

“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations,” Trump wrote.

Trump said Pulte would downsize the agency and blamed Democrats for the delay in renewing the surveillance authority.

Both Republican and Democratic senators skeptical of Pulte have pointed to his lack of intelligence experience and also his record at the Federal Housing Finance Agency. In that position, he’s been linked with criminal referrals over allegations of mortgage fraud by public officials Trump sought to punish, including New York Attorney General Letitia James, a Democrat; Sen. Adam Schiff, D-Calif.; and Lisa Cook, a board member of the Federal Reserve.

It was unclear whether there would be enough votes for a short-term extension of the surveillance powers as Trump has ignored the bipartisan push to abandon Pulte’s appointment.

Returning from a White House ceremony on Wednesday, Johnson told reporters that the president is “working very hard” to name a more permanent pick to lead ODNI — perhaps even by the time Pulte takes over.

Johnson called it a “good faith gesture” from Trump that Democrats should accept as part of an agreement for a short-term extension of FISA.

Trump made it very clear, Johnson said, 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.”

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