Trump Nominates Jay Clayton To Be America’s Spy Chief After Congress Fails To Pass Bill Reauthorizing Warrantless Surveillance Powers

President Trump says he is nominating the top federal prosecutor in Manhattan to be the new Director of National Intelligence, though Democrats say they can’t get on board with the spy powers reauthorization so long as Trump loyalist Bill Pulte is set to become acting director next week. Both the House and the Senate have failed to pass legislation reauthorizing the federal government’s warrantless spy powers used to surveil foreign nationals, all but guaranteeing that the program will lapse at the end of the day on Friday. FSIA Section 702, which became law nearly 20 years ago, is used by intelligence agencies to collect communications information from foreign nationals, though Americans’ information is often hoovered up, as well. That issue always comes up every time Congress tries to reauthorize the Section 702 program. This time, however, lawmakers’ concerns are really stemming only from Mr. Pulte’s appointment. Mr. Pulte is best known as the architect of the prosecution of New York attorney general Letitia James, who faced charges of mortgage fraud though those charges were later dismissed. He was also the brains behind the removal of Lisa Cook as a Federal Reserve governor, accusing her of mortgage fraud, as well. Mr. Trump says Mr. Pulte is merely taking over the DNI’s office for a brief period as the Senate considers his nominee to head the office full-time. On Thursday Mr. Trump announced that he would nominate the U.S. Attorney for the Southern District of New York, Jay Clayton, to be DNI, though he likely will not be confirmed for several weeks. Mr. Pulte is still due to become acting DNI next Friday. On Thursday, in a last-ditch attempt to reauthorize the program before it lapses Friday, both Speaker Mike Johnson and Senate Republicans tried to pass short-term extensions of the spying authorities. All of those efforts were blocked. By a vote of 198 to 218 on Thursday, the House rejected Mr. Johnson’s bill to extend Section 702 authorities until July 2. Only seven Democrats voted for the bill while 19 Republicans joined nearly all Democrats in voting against. The House minority leader, Congressman Hakeem Jeffries said Wednesday that he would be a “hard no” so long as Mr. Pulte was on track to become the acting Director of National Intelligence on June 19. “It is very, very dangerous,” Mr. Johnson told reporters after the failed vote on Thursday, discussing the risks of allowing Section 702 to lapse with the World Cup commencing and festivities for the 250th Independence Day nearing. “I pray that we do not have a serious calamity on our shores over the next few weeks,” Mr. Johnson said. When asked if Mr. Trump should abandon Mr. Pulte as acting director, Mr. Johnson deflected only to say that it is “absurd” Democrats are blocking the Section 702 bill. He promptly sent his colleagues home for the weekend. Just before the nomination of Mr. Clayton was announced, Senate Republicans twice tried to pass short-term extensions of Section 702. The chairman of the Intelligence Committee, Senator Tom Cotton, asked unanimous consent to pass a bill extending the spy powers until July 2, though a Democratic member of the committee, Senator Ron Wyden, objected. Without unanimous consent, it will take days to pass any kind of Section 702 reauthorization. “Bipartisan majorities in both the House and Senate have now rejected what I consider to be the surveillance status quo,” Mr. Wyden — who not only wants Mr. Pulte gone, but more reforms to the Section 702 program itself — said on the floor. “I believe there have just been too many abuses of Americans’ rights.”After Mr. Cotton’s request failed, the majority leader, Senator John Thune, tried to pass a one-week extension, which would put the new deadline for reauthorization one day before Mr. Pulte is set to become acting DNI. That still wasn’t enough for Mr. Wyden, however. He objected to Mr. Thune’s request. “The intelligence derived from the 702 program is something that has saved American lives,” Mr. Thune said on the floor, raising his voice in frustration. “I can’t for the life of me figure out why the Democrats continue to support policies that make this country less safe.”

Trump Nominates Jay Clayton To Be America’s Spy Chief After Congress Fails To Pass Bill Reauthorizing Warrantless Surveillance Powers

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