This week, Congress is considering President-elect Donald Trump’s selection of John Ratcliffe for the position of CIA Director.
Ratcliffe has emerged as a staunch champion of the Foreign Intelligence Surveillance Act (FISA). Notably, FISA Section 702 permits warrantless surveillance of American communications and metadata.
In a similar vein, Tulsi Gabbard, who was gearing up for her role as Director of National Intelligence (DNI), recently altered her stance on Section 702 – previously, she had consistently opposed FISA in Congress, invoking the Privacy Amendment.
Contrastingly, Trump – unlike his picks for key positions – has publicly decried the Foreign Intelligence Surveillance Act, positioning it as a mechanism utilized by the so-called “deep state.” Kash Patel, nominated for the role of FBI Director, remains the sole intelligence nominee who explicitly opposes FISA.
Although the government is barred from targeting US nationals, the Act contains significant loopholes. International communications involving Americans may be captured within the NSA’s purview. The Act permits the agency to seek information concerning US citizens based on data and correspondence presumably related to foreign communications.
In 2022 alone, the FBI conducted 200,000 “covert searches.” Ratcliffe dismissed proposals to mandate warrants for CIA operations.
During a Senate hearing, Ratcliffe articulated several points such as:
- The CIA will adopt a more assertive stance under his guidance.
- Political bias will be consciously avoided in the agency’s analytical processes and operations.
- China has been specifically identified as the foremost geopolitical threat alongside Russia, Iran, and North Korea.
- There will be an emphasis on leveraging advanced technologies like artificial intelligence and quantum computing to enhance intelligence-gathering capabilities.
- Ratcliffe expressed his concern regarding the inadequate collaboration between US intelligence and public health agencies in addressing complex and/or mysterious issues, such as Havana syndrome and COVID.
Having served as director of national intelligence during Trump’s initial term, Ratcliffe oversaw a multitude of intelligence agencies. Apart from his defense of Trump amidst the first impeachment proceedings, he notably interrogated former special counsel Robert Mueller during his testimony concerning the investigation into Russian interference in the 2016 election. Ratcliffe faced critiques from Democrats for allegedly politicizing intelligence by declassifying information that exposed Hillary Clinton’s campaign strategy aimed at inciting controversy against the US during the 2016 electoral cycle.