Watchdog Says Don't Let Warner Hide Behind Pulte While Pushing Warrantless Spying Powers for Trump
“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."
