House vote puts Section 702 on brink of lapse amid fight over acting spy chief

An impasse between the White House and Democrats has persisted, with Democrats warning that Pulte’s role in mortgage-fraud reviews last year could foreshadow an abuse of intelligence tools to target the president’s political opponents. Speaking to reporters in the Oval Office, Trump praised Clayton, and said Pulte would only be in his post “for a short while.”

It’s unclear how the appointment of Clayton, who like Pulte appears to lack national-intelligence experience, would affect the outcome of a 702 extension. After Thursday, the House is scheduled to recess until June 23, making it likely that the spying power would statutorily lapse for at least a week.

In a statement, Sen. Mark Warner, D-Va., the vice chairman of the Senate Intelligence Committee, said that he has “known and respected Jay Clayton for many years” and believes “he is a capable public servant.”

But Warner said the timing of the announcement is suspicious, noting that “the president could have put forward a qualified nominee from the beginning. Instead, he waited until the House of Representatives went out of town, choosing a path that raises the risk of an entirely avoidable lapse in a critical national security tool.”

Warner added that the Senate would not take up a FISA extension unless the administration guarantees that Pulte will not serve as acting DNI.

“Either Director [Tulsi] Gabbard must remain in place or the administration must designate the Senate-confirmed Principal Deputy DNI as the acting head through any transition,” he said, referring to Aaron Lukaas, a number-two official in that office.

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