A federal warrantless surveillance program expired late last week following a legislative standoff over President Trump’s temporary pick for intelligence chief. Senate leaders are now working to confirm a permanent nominee this week to restore the lapsed authority.
Senator Mark Warner, the top Democrat on the Senate Intelligence Committee, stated on Sunday that he hopes the Senate will quickly confirm Jay Clayton as the new director of national intelligence. Clayton, the current U.S. Attorney for the Southern District of New York, was nominated by the president on Thursday.
“We will get Clayton, I hope, confirmed as quickly as possible. We will then move very quickly to get FISA reauthorized,” the Virginia senator said during an appearance on “Face the Nation with Margaret Brennan.”
The position opened when Tulsi Gabbard resigned as director of national intelligence, citing her husband’s cancer diagnosis. Following her departure, President Trump selected Federal Housing Finance Agency head Bill Pulte to serve as acting director. That choice met opposition from Democrats and some Republicans.
Democratic lawmakers declined to agree to an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) while Pulte was slated to take over the acting role. While the president announced Clayton as his permanent choice hours before the spy authority expired, the House of Representatives had already left Washington for a recess, resulting in the program’s expiration.
The Senate returns on Monday, with Republican leaders indicating plans to advance Clayton’s nomination rapidly. The Senate Intelligence Committee has scheduled a confirmation hearing for Wednesday.
Warner expressed a desire to move the process forward swiftly. “My hope is, if we can get unanimous consent, we could even get him confirmed this week,” Warner said, adding that he hopes the president will ask Gabbard to stay on until Clayton is confirmed or allow her deputy to serve as acting director. Democrats are expected to continue opposing the reauthorization of the spy authority if Pulte assumes the acting role.
During the interview, Warner outlined his specific objections to Pulte, pointing to his level of national security experience.
“Out of ignorance, he might give away information. I’ve had heads of our intelligence community say to us they’re terrified of showing him information. I’ve had foreign governments express huge concern,” Warner said. “One thing we know about Bill Pulte is he will do whatever Donald Trump says. He was able to weaponize private mortgage insurance information. Giving him the keys to the 18 intelligence agencies would be a disaster and a national security threat.”
President Trump responded to the opposition on Sunday afternoon via Truth Social, writing, “Why are the Dumocrats so afraid of of Bill Pulte at DNI???” In a separate post, the president stated that he opposes reauthorizing the surveillance authority unless a specific elections bill he supports is attached to the legislation. Democrats widely oppose that elections bill.
When discussing Clayton, Warner offered a different assessment. “I know Jay, I think he’s got the right temperament,” Warner said, noting that he plans to question the nominee during hearings about maintaining election integrity.
Warner stated that the expiration of the FISA authority poses a “national security risk” but attributed the situation to the timing of the administration’s permanent nomination. Warner argued the expiration would not have occurred if Clayton had been announced a few days earlier.
“None of this needed to happen,” Warner said. “If there is something that happens, God forbid the responsibility lies with one man. Donald Trump.”
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