Mounting pressure confronts President Trump as he faces demands to retract his contentious decision to appoint Bill Pulte as head of the intelligence community. This move has sparked concerns regarding the renewal of America’s warrantless surveillance capabilities.
An increasing number of Democrats have voiced their intention to block the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) — even temporarily — if Pulte remains as the acting director of national intelligence (DNI).
Republicans, sharing some of this discontent, caution that the program could be jeopardized amid the backlash surrounding Pulte’s appointment.
The timing is particularly critical, with the U.S. engaged in a conflict with Iran and the World Cup set to commence this week. The combination of Republican dissent in Congress and the tangible risks associated with letting the surveillance powers lapse may compel Trump to reconsider, according to a GOP strategist.
“The mounting pressure might force him to reconsider placing someone in a role that could not only strain relations with the Senate in the long term but also jeopardize our immediate ability to pass FISA,” the strategist remarked. “This is something that the White House, alongside most Senate Republicans and Democrats, deems essential.”
“Sometimes you need to be able to sacrifice one for the greater good and in this of all of those situations seems like one of the more reasonable times you could see that happening,” they added.
But that’s far from certain. Trump has stood by unpopular allies through scandals and bipartisan criticism, particularly when the other choice is caving to Democratic pressure.
On the other side of the fight, Democrats have teased they are willing to let the important spy powers go dark, arguing Pulte is more dangerous than letting the intelligence tool lapse. In his role as federal housing finance chief, they argue, Pulte has already abused databases and shown he cannot be trusted.
“It’s like putting a machine gun in the hands of a five year old boy – you’re just not gonna do it,” said Rep. Jim Himes (D-Conn.), the top Democrat on the House Intelligence Committee.
“I’ve never met the man, but I’m worried, because I don’t think Donald Trump really cares about 702. It’s not driving the stock market, it’s not driving the pricing gas, it doesn’t relate to immigration or his family’s graft, so I don’t think he really cares about it. And as a consequence, he’s not likely to back down while Bill Pulte.”
A number of Republicans on Capitol Hill have also expressed concerns about Pulte’s qualifications to serve as intelligence director, as well as his track record as director of the Federal Housing Finance Agency, where he has sent criminal referrals to the Justice Department alleging mortgage fraud by Trump’s political rivals and critics.
Senate Majority John Thune (R-N.D.) told reporters on Tuesday that the White House was “weighing seriously” a long-term nominee to replace Pulte.
“We’re encouraging it, at least I am,” Thune said of replacing Pulte, who he suggested last week would create “a weaponized DNI.”
“I think that getting some certainty and closure on that issue about who that might be will certainly play an important role in unlocking the support that we need to get FISA done,” Thune said.
“But if the Democrats continue to try and link them, it’s going to be up to them and the White House to figure out how we proceed.”
Section 702 allows the government to spy on foreigners located abroad, a critical tool but one that sweeps up the communications of any Americans who speak with those being surveilled.
Trump has waffled some in his backing of Pulte, emphasizing last week that he would only serve in the position temporarily and that the administration was interviewing five candidates for the position.
Still, he’s also said Pulte should take advantage of being in the role on a short-term basis, saying he should conduct firings and shrink the scope of the Office of the Director of National Intelligence.
In a statement to The Hill, the White House called Pulte “a great selection” and warned against using FISA to coerce Trump to drop Pulte’s appointment.
“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,” said White House spokesman Davis Ingle.
Even some of Congress’s biggest FISA boosters have said they may hold back their vote for Section 702 if Trump doesn’t yank Pulte.
Himes, who has led several pushes to reauthorize Section 702, said he may withhold a vote even for a short-term extension if it allows Pulte to use the tool after the departure of DNI Tulsi Gabbard, who is slated to remain in office until June 30.
“If this is an extension that just maintains the status quo under Tulsi Gabbard, that’s one thing, but if this is an extension that extends meaningfully into a Bill Pulte term, no, I’m not voting for that,” Himes said.
Sen. Angus King (I-Maine), who caucuses with Democrats, didn’t rule out a short-term extension, but also said he won’t renew FISA 702 with Pulte in power.
“I can’t vote for the FISA extension as long as he’s in that job, he’s totally unqualified, but his history is that he has no hesitation about using personal data against his sponsors’ political enemies, and it would be irresponsible to give him access to that kind of information, and I’m a huge supporter of FISA…You don’t give the keys to the car to a 13 year old,” he said.
“The best way to solve this is for the president to name a reasonably qualified and competent DNI, and then we can move forward.”
Speaker Mike Johnson (R-La.) met with Trump at the White House on Tuesday to discuss extending the spy powers, and also told GOP colleagues to keep their schedules flexible for the weekend in case they must take up a FISA bill.
But Sen. Mark Warner (D-Va.), the top Democrat on the Senate Intelligence Committee, expressed doubts about the ability to move any legislation.
“It’s not a problem created by my Senate Republican friends. It was created by the administration with a live hand grenade 10 days before the reauthorization of one of our most critical intel tools, so I think reasonable people are trying to sort this out, but the clock is ticking,” he said.
Emily Brooks and Alexander Bolton contributed.