Trump’s Threats Show His Complicated History With a Surveillance Law

Key Points:

• President Trump delayed the nomination of Jay Clayton as director of national intelligence and threatened to block the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) unless Congress ties it to voter ID legislation, which lacks sufficient support.
• Section 702 allows the NSA to collect communications of foreigners overseas but has raised bipartisan concerns due to incidental collection of Americans' communications, and its renewal has faced ongoing political challenges.
• Trump's stance on Section 702 has been inconsistent, previously accusing the program of being misused against him while also acknowledging its role in national security; his recent actions undermine administration officials advocating for its extension.
• Democrats withdrew from bipartisan efforts to renew Section 702 following Trump's controversial appointment of Bill Pulte as acting director of national intelligence, and the delay in Clayton’s confirmation ensures Pulte will lead the agency temporarily.
• This is not the first time Trump wavered on Section 702 renewal; in 2018, he publicly questioned the program before ultimately endorsing it after intervention from his chief of staff.