Senate Democrats are pushing back against a Republican proposal to extend the nation's warrantless surveillance powers for three weeks, demanding that President Trump first reverse his controversial appointment of Bill Pulte as acting Director of National Intelligence.
The standoff centers on Section 702 of the Foreign Intelligence Surveillance Act, which is set to expire Friday. Trump's bid for a short-term extension has run into a wall of Democratic opposition, with lawmakers insisting that Pulte—who runs the Federal Housing Finance Agency—must be replaced by the Senate-confirmed deputy, Aaron Lukas.
Senator Mark Warner of Virginia, the top Democrat on the Intelligence Committee, made the party's position clear Wednesday. He said he could back an extension of any length if the administration follows the law and lets Lukas serve as acting DNI. “Whatever the period of the extension would be, I could be supportive if the law is followed, and that means that the current Trump-appointed, Senate confirmed number two DNI is the acting during that extension period,” Warner told reporters. “So, if we want to keep 702 alive, the administration simply needs to follow the law and keep Mr. Lukas.”
Lukas was confirmed as principal deputy DNI last July by a 51-46 vote. Trump initially tapped him as acting DNI after Tulsi Gabbard resigned, but then abruptly shifted course and installed Pulte, bypassing the Senate confirmation process. That move has infuriated Democrats, who see it as an end-run around congressional oversight.
Senator Adam Schiff of California was blunt: “As long as Pulte is designated to run that agency, an extension is a non-starter for me.” He added, “There's a perfectly good acting director in place now, a professional, so unless you want to do mischief with the agency, there's no need to put Pulte in the role.”
Democrats had previously signaled they would not vote for any FISA extension while Pulte remains in charge of the intelligence community. Wednesday's remarks from Warner and Schiff refined that stance, making clear that the party's condition is the reinstatement of Lukas, not necessarily the full removal of Pulte from government.
The standoff comes as the White House and Senate leadership scramble to avoid a lapse in the surveillance authority, which intelligence officials consider vital for counterterrorism and foreign intelligence gathering. Senate Majority Leader John Thune has hinted that the White House is close to naming a permanent DNI nominee, which could defuse the immediate crisis. But with the clock ticking, no permanent pick has been announced.
Republicans have accused Democrats of playing politics with national security. The GOP rift over the issue has been complicated by occasional cross-party alliances on procedural votes, but on this matter, party lines are hardening.
The standoff leaves the future of Section 702 uncertain as the Friday deadline approaches. If no deal is reached, the surveillance program could expire, dealing a blow to U.S. intelligence capabilities. Democrats, for their part, show no sign of backing down. “We're not going to reward an illegal appointment,” one Democratic aide said privately.
