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“Warner’s opposition to Bill Pulte masks the fact that he is still the Democrats’ chief advocate for handing over unchecked spying powers to the Trump administration," said one progressive campaigner.
The watchdog group Demand Progress on Thursday warned that the Senate Intelligence Committee's top Democrat is attacking civil liberties by collaborating with Republicans and the Trump administration to renew warrantless spying powers—even as he sounds the alarm over President Donald Trump's appointment of unqualified loyalist Bill Pulte as acting director of national intelligence.
Sen. Mark Warner (D-Va.) is pressing Senate Majority Leader John Thune (R-SD) to use his influence to persuade Trump to reconsider appointing Pulte—a private equity firm founder and homebuilder who is currently director of the Federal Housing Finance Agency (FHFA) and chairman of Fannie Mae and Freddie Mac—to the top intel post, which current Director of National Intelligence (DNI) Tulsi Gabbard will officially vacate on June 30.
Warner this week called out Pulte's lack of relevant experience, as well as his "eagerness to use the authorities of government to pursue political retribution" against a number of Trump’s political foes for politically motivated mortgage fraud investigations.
However, critics including Demand Progress have pointed out Warner's critical role in whipping Democratic support for renewing Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the US government to collect electronic communications of noncitizens located outside the United States without a warrant. Experts note that Americans’ data is also swept up during such surveillance, and civil society groups and some lawmakers from both parties have demanded reforms to prevent further abuse by federal agencies.
Section 702, which was reauthorized for two years in 2024, is set to expire next week. There is a legislative battle between lawmakers and intelligence officials who want to extend Section 702 largely intact—the so-called "clean" reauthorization backed by Trump and his allies—and privacy-focused legislators from both parties who want reforms, especially a requirement for warrants before searching Americans' communications.
A three-year proposal passed by House lawmakers in April did not include a warrantless requirement.
“Sen. Warner’s opposition to Bill Pulte masks the fact that he is still the Democrats’ chief advocate for handing over unchecked spying powers to the Trump administration," Demand Progress executive director Sean Vitka said Thursday. "Pulte obviously must go, but he’s also proof that this administration is eager and willing to use the Office of the Director of National Intelligence as a weapon."
"If Trump pulls Pulte, he can easily appoint another eager goon to fill the slot," Vitkaco stressed. "By focusing on Pulte and not broader reforms, Sen. Warner is not standing up for Americans or the Constitution, he is disguising his work to engineer warrantless mass surveillance against us."
"We know this because he’s been doing it publicly for months," he added. "An unprecedented, bipartisan movement is demanding privacy reforms, but Sen. Warner’s machinations threaten to derail this progress and hand Trump the surveillance powers he needs to threaten Americans and democracy itself for the rest of his administration.”
Demand Progress said that Warner "has conspicuously failed to join the chorus of Democrats and Republicans calling for reforms to FISA that would protect privacy and democracy itself."
"Warner, who is negotiating with Republicans and the Trump administration to renew FISA, has only commented on how bad Pulte is and notably stopped short of saying anything about FISA reform," the group continued. "This is particularly telling considering Warner’s history of promising future reforms to get FISA renewed and failing to deliver."
Demand Progress contrasted Warner's actions with those of his fellow Democrats, including Catherine Cortez Masto of Nevada, who explicitly called for “reforms to ensure Americans’ privacy and rights are protected.”
Senate lawmakers could hold an initial procedural vote on extending Section 702 as soon as Thursday, with just a simple majority needed for the measure to advance. Future votes would require the support of 60 senators in order to avoid a Republican filibuster.
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, warned Wednesday in a social media thread that the Section 702 extension supported by Trump, his Republican allies in Congress, and Warner "doesn’t just fail to curb warrantless domestic spying, it actually expands the government's ability to use 702 against Americans."
"Trump’s allies and Warner have produced a bill that purports to include reforms, but that makes no change whatsoever to existing standards and procedures for conducting backdoor searches, let alone a warrant requirement," she continued.
A "backdoor search" occurs when the government collects information about a US citizen when the surveillance was originally authorized for foreign targets and the government did not obtain a warrant before collecting the communications.
"These 'backdoor searches' are an affront to the Fourth Amendment," Goitein asserted. "They have led to widespread abuses, including FBI searches for the communications of members of Congress, campaign donors, journalists, and protesters across the political spectrum."
"There is broad bipartisan support in Congress for requiring the government to get a warrant before accessing Americans’ communications obtained under Section 702," she continued. "This reform has twice passed the House, and 76% of Americans support it."
"Unsurprisingly, Trump and his allies in Congress oppose this reform," Goitein wrote. "What’s more surprising is that key Democratic surveillance hawks, including Mark Warner and [Rep.] Jim Himes [D-Conn.], have teamed up with the Trump camp to ensure that his administration has continued warrantless access."
"Even more disturbing is the provision titled 'Restriction on Use of United States Person Information Acquired Under Section 702 in Criminal Prosecutions,'" she said. "Notwithstanding the Orwellian title, this provision actually *removes* existing restrictions on such use.
"Any member who is concerned with Pulte’s appointment should be aghast at the prospect of handing this administration warrantless access to Americans’ private communications and expanding its power to use those communications against Americans in court," Goitein added. "There is only one way senators can force leadership to permit amendment votes or otherwise negotiate: vote NO on the procedural motion that will take place in the coming days. Senators who support reform are the majority; they have real leverage. They must use it."
The Brennan Center for Justice and Demand Progress were among dozens of civil society groups that on Monday sent a letter to congressional leaders urging them to "not abandon Americans' constitutional rights" and "reject any extension that does not include key bipartisan reforms that would protect Americans' privacy and civil rights and liberties."
“Trump has shown he will abuse every inch of power we give him," said one critic. "So you would think that given an opportunity to check his authority and protect Americans, Democrats would jump at the chance."
Critics denounced the top Democrat on the US House Intelligence Committee after he said Monday that he would vote to extend a highly controversial authorization for warrantless government spying sought by President Donald Trump that has been abused hundreds of thousands of times under various administrations.
While acknowledging that many of his Democratic colleagues will vote against reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA) because they do not trust Trump to use the provision's sweeping surveillance powers legally, House Intelligence Committee Ranking Member Jim Himes (D-Conn.) signaled that he would support renewal and vote against any efforts for privacy protections.
“There’s a lot of people who are going to switch from yes two years ago to no today," Himes told The Hill. "Because even though Donald Trump’s been president for five years, and he has never abused the program—I would know it pretty much in real time if he did—even though that’s true, people don’t trust Donald Trump."
"And you know, that word came up a lot in the classified briefing; there’s a huge trust gap here," he added. "So there’s going to be a lot of people switching on the Democratic side from yes to no.”
While Section 702 ostensibly limits warrantless surveillance to non-US citizens, such spying also captures the communications of Americans. The measure has been abused at least hundreds of thousands of times, including to spy on protestors, congressional donors, journalists, and others.
“Donald Trump has shown he will abuse every inch of power we give him," Sean Vitka, executive director of the pro-democracy group Demand Progress, said in a statement Monday. "So you would think that given an opportunity to check his authority and protect Americans, Democrats would jump at the chance."
"But instead, Rep. Jim Himes is failing his critical role as an overseer of intelligence agencies and using his political power to lobby his fellow Democrats in service of the Trump administration domestic surveillance agenda," Vitka continued. "It is unforgivably cynical and reckless for Rep. Himes to make it easier for this administration to spy on Americans, especially at a time when government agencies’ have made it clear that they intend to supercharge surveillance with [artificial intelligence], and when their misuse of these powers is horrifically on display.”
Nearly 100 civil society groups including Demand Progress are urging congressional Democrats to "stand firm" and vote against Section 702 reauthorization without reforms, including closing the so-called data broker loophole.
Among the Democratic lawmakers reportedly considering voting against the extension is Rep. Dan Goldman (D-NY), who voted for reauthorizing Section 702 in 2024—when Congress extended the spying power until April 20, 2026.
“I supported it because I felt very comfortable that... additional guardrails were safeguarding Americans’ privacy in a sufficiently significant way as to justify the importance of getting this information on an urgent basis," he told The Hill. "And as a former prosecutor, I know how difficult it can be to get a search warrant, and especially in these cases where there often isn’t even probable cause, but my vote was taken on the expectation that the law would be implemented as written."
“And we now have an administration that has routinely, repeatedly, regularly—and seemingly and intentionally—violated numerous laws, undermined the Constitution, attacked our democracy, and simply cannot be trusted with the privacy information that is included in the materials gathered and potentially searched," Goldman continued.
"So unless I receive a lot more information about every single search for a US person that has been done by this administration since they came into office, I don’t see how I can possibly support the reauthorization," he added.
"If we don’t explore more why all of these secret lists exist," one US intelligence officer said, there could be "even more of an environment of paranoia on the ground and more tragic killings.”
Despite denials from a senior Trump administration official, secret watchlists of Americans are being used by federal agencies to track and categorize US citizens—especially protesters, activists, and critics of law enforcement—as “domestic terrorists," investigative journalist Ken Klippenstein reported Wednesday.
Klippenstein said that two senior national security officials speaking on condition of anonymity told him that there are over a dozen "secret and obscure" watchlists that the Department of Homeland Security (DHS) and the FBI are using to track anti-Immigration and Customs Enforcement (ICE) and pro-Palestine protesters, antifa-affiliated individuals, and "others who are promiscuously labeled 'domestic terrorists.'"
"I can reveal for the first time," he wrote, "that some of the secret lists and applications go by codenames like Bluekey, Grapevine, Hummingbird, Reaper, Sandcastle, Sienna, Slipstream, and Sparta (including the ominous sounding HEL-A and HEL-C reports generated by Sparta)."
"Some of these, like Hummingbird, were created to vet and track immigrants, in this case Afghans seeking to settle in the United States," Klippenstein explained. "Slipstream is a classified social media repository. Others are tools used to link people on the streets together, including collecting on friends and families who have nothing to do with any purported lawbreaking."
"There’s practically nothing available that further describes what these watchlists do, how large they are, or what they entail," he added.
Klippenstein's revelation seemingly flies in the face of DHS Assistant Secretary for Public Affairs Tricia McLaughlin's recent denial that the administration has a database containing the names of people accused of domestic terrorism.
"There's just one problem: She's lying," wrote Klippenstein.
🚨 I've obtained a list of secret watchlists the Department of Homeland Security uses to keep tabs on American citizenswww.kenklippenstein.com/p/ices-secre...
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— Ken Klippenstein (@kenklippenstein.bsky.social) January 28, 2026 at 1:07 PM
Many observers already thought as much, especially after a masked federal enforcer taunted an anti-ICE protester in Maine by telling her that "we have a nice little database, and now you’re considered a domestic terrorist."
White House "border czar" Tom Homan—who was recently sent to Minnesota to oversee the anti-immigrant blitz following the departure of Border Patrol commander Greg Bovino amid outrage over the killings of Renee Good and Alex Pretti—also said this month that "we’re going to create a database where those people that are arrested for interference, impeding, and assault, we’re going to make them famous."
Reporting Tuesday that Pretti—the nurse who was disarmed and then shot dead by federal enforcers in Minneapolis last week—was known to Trump officials after a previous encounter in which agents broke his rib raised further questions about government watchlists.
"We came out of 9/11 with the notion that we would have a single ‘terrorist’ watch list to eliminate confusion, duplication, and avoid bad communications, but ever since January 6, not only have we expanded exponentially into purely domestic watchlisting, but we have also created a highly secretive and compartmented superstructure that few even understand," a DHS attorney "intimately familiar" with the matter told Klippenstein on condition of anonymity, referring to the deadly January 2021 Capitol insurrection.
According to Klippenstein:
Prior to 9/11, there were nine federal agencies that maintained 12 separate watchlists. Now, officially there are just three: a watch list of 1.1 million international terrorists, a watch list of more than 10,000 domestic terrorists maintained by the FBI, and a new watch list of transnational criminals, built up to more than 85,000 over the past decade...
Among other functions, the new watchlists process tips, situation reports, and collected photographs and video submitted by both the public and from agents in the field; they create a “common operating picture” in places like Minneapolis; they allow task forces to target individuals for surveillance and arrest; and they create the capacity for intelligence people to link individuals together through geographic proximity or what is labeled “call chaining” by processing telephone numbers, emails, and other contact information.
Asked about how the Trump administration might try to legally justify these watchlists, Rachel Levinson-Waldman, the Brennan Center for Justice's Liberty and National Security Program director, cited President Donald Trump's National Security Presidential Memo 7 (NSPM-7), which mandates a “national strategy to investigate and disrupt networks, entities, and organizations that foment political violence so that law enforcement can intervene in criminal conspiracies before they result in violent political acts."
Levinson-Waldman also noted Attorney General Pam Bondi's December 5 memo directing federal agencies to expand the investigation and prosecution of "domestic terrorism," including groups "aligned" with antifa, an anti-fascist ideology that does not exist as an organization.
One senior intelligence official who confirmed the existence of the watchlists warned Klippenstein: "Lists of this and that—this social media post, that video taken of someone videoing ICE, the mere attendance at a protest—gets pulsed by federal cops on the beat to check for criminality but eventually just becomes a list itself of criminality, with the cops thinking that indeed they are dealing with criminals and terrorists. Watchlists, and the whole watchlisting process, should be as transparent as possible, not the other way around."
"If we don’t explore more why all of these secret lists exist," the official added, there could be "even more of an environment of paranoia on the ground and more tragic killings.”