WASHINGTON – A rare lapse in a law that allows the U.S. to gather intelligence abroad is growing more likely as President Donald Trump resists bipartisan calls from Congress to appoint a permanent head for the nation’s intelligence agencies.
Trump has remained steadfast in his support for Bill Pulte, a temporary appointee and federal housing finance regulator, despite significant criticism regarding his qualifications for the role of director of national intelligence. Lawmakers from both parties have indicated they will not support the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) unless Pulte’s appointment is withdrawn in favor of a more qualified nominee.
As the House of Representatives prepares to vote on a short-term extension of FISA, the Senate is also considering similar measures in an effort to prevent a lapse in this crucial surveillance tool. The law is set to expire at midnight on Friday, raising concerns about the potential limitations on U.S. intelligence gathering just as the World Cup games and the nation’s 250th anniversary celebrations approach.
“We can’t let them extort us,” Trump stated, referring to the Democrats’ demands. He has emphasized the need for a short-term extension, arguing it would provide adequate time for the selection and confirmation of a permanent director.
The impasse reflects broader tensions in Congress, with House Speaker Mike Johnson urging members to act responsibly, stating, “We cannot allow that to go dark.” In contrast, House Democratic leader Hakeem Jeffries has labeled Pulte a “disgraceful individual” and a “partisan political hack,” emphasizing his unfitness for the role.
Despite bipartisan pressure on Trump to nominate a permanent replacement, he has indicated he needs additional time. Senate Majority Leader John Thune noted that Republican leaders have communicated their views to the White House.
While Trump has stated that he is interviewing candidates for the permanent position following the resignation of Tulsi Gabbard, Johnson acknowledged Pulte’s role would be temporary, aimed at “renovating and downsizing” the Office of the Director of National Intelligence.
Yet, critics within both parties assert that Pulte is a “uniquely poor choice” for even an acting capacity, citing his lack of intelligence experience and his controversial tenure at the Federal Housing Finance Agency, which has included allegations of misconduct.
Section 702 of FISA is pivotal for U.S. agencies like the CIA, NSA, and FBI, allowing them to collect overseas communications without a warrant. Although privacy advocates have long sought to limit this authority, there has historically been bipartisan support for its renewal, especially given the recent bipartisan compromise legislation.
Senator Mark Warner, a leading Democrat on the Senate Intelligence Committee, has expressed concern that Pulte’s appointment could disrupt the renewal process, calling it “a live hand grenade.” He has stated that he would only support a short-term extension if Aaron Lukas, the principal deputy director of national intelligence, were to take over as acting leader.
With the deadline looming, both Senate and House leaders have warned the administration of the potential consequences of a lapse in this vital intelligence-gathering capability. “Prepare for a potential significant gap in foreign intelligence collection,” they have cautioned.
As discussions continue, Trump remains firm in his stance regarding Pulte, despite bipartisan opposition. Lawmakers across the political spectrum are urging immediate action to ensure a qualified nominee can be confirmed to lead the intelligence community effectively.
In the midst of political maneuvering, one potential candidate for the permanent position could be Pete Hoekstra, Trump’s ambassador to Canada and former House Intelligence Committee chairman, who has reportedly been contacted regarding the role.
As the clock ticks down to the FISA expiration, stakeholders are left grappling with the implications of leadership choices on national security and intelligence operations.
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Associated Press reporters Joey Cappelletti, Kevin Freking and Eric Tucker contributed to this report.
