FISA Section 702 Faces Critical Deadline as Intelligence Gap Looms
The fight over extending Section 702 of the Foreign Intelligence Surveillance Act (FISA) is going down to the wire. Section 702 authorizes the intelligence community to collect foreign intelligence from non-U.S. persons located overseas through U.S. communications providers.
President Trump is now urging Congress to pass a short-term extension before Section 702 expires on Friday unless Congress acts.
This as Congressional Democrats say they will not support an extension of the law unless President Trump removes Bill Pulte as acting director of national intelligence.
However, the president said he has no plans right now to remove Pulte from his acting role and added that he’s interviewing five candidates for the permanent job. The president also urged Congress to pass a short-term extension, as it has done twice since the Section 702 authorization expired in April.
“FISA 702 is very important to our Military, and keeping the American People safe, especially during the World Cup and America250 Celebrations,” said the president. “If nothing is done, this important Law will expire this week.”
However, chances of an extension look bleak right now, after the House failed to pass a short-term extension by a vote of 198-218.
Pulte Decision in Focus
For Congressional Democrats and some Republicans, the immediate removal of Pulte is the key element to move a FISA extension forward. Critics say Pulte– a member of the family behind homebuilder PulteGroup– is unqualified and that his lack of qualifications for the position violates federal law. They also pointed to his work at the Federal Housing Finance Agency (FHFA) where Pulte has sent criminal referrals for mortgage fraud to the Department of Justice (DOJ) for some of President Trump’s political foes.
“He has distinguished himself only as someone who will do or say anything to stay in your good graces,” wrote Rep. Jim Himes (D-CT), “qualities that are precisely the opposite of what our nation needs.”
Intelligence Risks
Meanwhile Republican members of the intelligence committee wrote the White House warning it to prepare for a coming lapse in FISA and a significant gap in intelligence collection.
Legal and surveillance experts say that if the law is not renewed, there will be a cone of uncertainty. Some argue that the decision by the Foreign Intelligence Surveillance Court in March recertifying Section 702 is enough to keep Section 702 going for a year.
Others say it’s a grey area as Congress authorizes the program and provides guidelines on how the power can be used. There are also concerns that telecom companies may sue or refuse to turn over information, arguing they don’t have to if there’s no Congressional authorization.
