US lawmakers warn Pulte appointment could thwart surveillance law’s renewal

By Svea Herbst-Bayliss and Timothy Gardner

WASHINGTON, June 7 (Reuters) – Two U.S. lawmakers with national security expertise warned on Sunday that President Donald Trump’s choice of Bill Pulte to be his chief intelligence adviser could stand in the way of renewing an expiring foreign surveillance law.

The Senate and House of Representatives face a Friday deadline for renewing Section 702 of the Foreign Intelligence Surveillance Act, which allows U.S. intelligence agencies to monitor emails and other communications of foreigners located outside the U.S. without individual judicial warrants.

Trump named Pulte, who has no experience in the security field, to be acting director of national intelligence, replacing Tulsi Gabbard who resigned effective June 30. 

Pulte would also retain his position as the head of the U.S. Federal Housing Finance Agency. His temporary appointment as director of national intelligence has outraged Democratic and Republican members of Congress because of his lack of experience.

Democrats also argue Pulte has demonstrated a willingness to use his housing finance position to attack Trump’s perceived enemies.

The appointment was like throwing a “live hand grenade” into the congressional debate days before FISA is set to expire, Senator Mark Warner of Virginia, the senior Democrat on the Senate Intelligence Committee, told ABC’s “This Week” program.

On Friday, the Senate blocked an attempt to begin debate on the FISA renewal, but Majority Leader John Thune, a South Dakota Republican, told reporters another attempt would be made this week.

Democrats’ support would be essential to the bill clearing the Senate. They have warned they will not back it unless Trump reverses his temporary appointment of Pulte.

Trump on Thursday said he did not think he would nominate Pulte to be a “permanent” director of national intelligence. But he can serve as acting director for 210 days without Senate confirmation.  

Representative Jim Himes, the top Democrat on the House Intelligence Committee, told CBS’ “Face the Nation” program the timing of Pulte’s appointment puts FISA’s renewal in doubt.

“You just could not have come up with worse timing,” he said. “If we had to pass another bill in the context of Bill Pulte, I don’t think we could.”

Representative Michael McCaul, a Texas Republican who also appeared on the ABC program, said, “I don’t believe he’s statutorily qualified” given his lack of any experience.

But McCaul, a former House Homeland Security Committee chairman and former chair of the House Foreign Affairs Committee, said it “would be the most grossly irresponsible thing I’ve seen Congress do in my 22 years in office” if lawmakers fail to renew FISA just before the start of FIFA World Cup games in North America, and as weeks of celebrations begin to observe the 250th anniversary of the United States.

Although Pulte is not qualified to be permanent director, Republican Senator Dave McCormick said, the president has other officials he can turn to for intelligence advice such as CIA Director John Ratcliffe and Secretary of State Marco Rubio, who is also Trump’s national security adviser.

“Bill Pulte is going to be a temporary fix until we get the right qualified person in there permanently,” McCormick told Fox News’ “Sunday Briefing” program. 

Before Trump’s choice of Pulte, the Senate and House were on track to pass a compromise bill after protracted negotiations. Now even Republicans believe the renewal could be held up.

“We write with regret to ask that you plan for a potential significant gap in foreign intelligence collection,” reads a letter that Republican Senators Tom Cotton and Chuck Grassley sent on Friday to Rubio. 

In their letter, which was first reported by Punchbowl, Cotton and Grassley blamed the situation on Senate Minority Leader Chuck Schumer, the chamber’s top Democrat. But Himes said it is an admission that Pulte is the problem.

“I think at one level they’re acknowledging reality, which is that the Pulte appointment has taken 702 reauthorization off the table,” Himes told CBS. 

(Reporting by Timothy Gardner and Svea Herbst-Bayliss; Writing by Richard Cowan; Editing by Sergio Non and Chris Reese)