Republican Lawmakers Criticize New FISA Court Advisor Jennifer Daskal's Past Role

Republicans are upset because Jennifer Daskal, who worked on a controversial disinformation board, will now advise the FISA court on FBI surveillance. This is a big change from how things were.
By Newsroom | Politics, National Security |

A recent appointment to a secretive court overseeing U.S. surveillance powers has drawn sharp criticism from Republican lawmakers. Jennifer Daskal, a former advisor to the Biden administration's now-defunct "disinformation" board, has been selected to assist the Foreign Intelligence Surveillance Court (FISC) in reforming the FBI's surveillance practices. This move has sparked accusations of a partisan influence on a body tasked with national security.

Background and Context

The Foreign Intelligence Surveillance Act (FISA) allows for surveillance of foreign entities on U.S. soil. The FISA Court, established by the act, reviews requests for warrants related to such surveillance. Recent years have seen increased scrutiny of FISA, particularly following revelations of alleged inaccuracies and misconduct in FBI applications for warrants, notably in the case involving Carter Page.

In response to these concerns, the FISC itself has initiated reforms. In December, Judge Collyer of the FISC ordered the FBI to re-verify past warrant applications due to evidence of falsified information by an FBI attorney. The ongoing investigations, led by figures like John Durham, have examined the conduct of various agencies and foreign actors.

This backdrop of concern over surveillance practices and past FBI actions has made any appointment related to the FISC a sensitive issue. The selection of Jennifer Daskal, who previously served on a board aimed at combating disinformation, has amplified these sensitivities among Republican members of Congress.

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G.O.P. Objections to Daskal's Role

Republican lawmakers have voiced strong objections to Jennifer Daskal's appointment as an advisor to the FISC. Their primary concern centers on her previous involvement with the Biden administration's Disinformation Governance Board.

GOP rips FISA court for tapping ex-Biden ‘disinformation’ lawyer to advise on surveillance - 1

  • Perceived Partisanship: Critics argue that Daskal's past role suggests a partisan leaning, which they believe is inappropriate for an advisor to a court that should remain impartial in matters of national security surveillance.

  • "Disinformation" Board Association: The board itself faced criticism and was eventually disbanded, adding to the controversy surrounding Daskal's prior affiliation. Lawmakers view her appointment as an attempt to install an individual with a particular viewpoint into the oversight process.

  • Advice on Reforms: Daskal is expected to advise on reforms to the FBI's surveillance practices. Republican concerns suggest that her recommendations might be influenced by her previous work and ideological stance, rather than solely focusing on the integrity and effectiveness of surveillance mechanisms.

FISA Program Reauthorization Debates

The controversy surrounding Daskal's appointment coincides with broader legislative battles over the reauthorization of FISA programs, specifically Section 702. This section of FISA allows for the collection of foreign intelligence information on non-U.S. persons located outside the United States.

  • House Vote on Reauthorization: In April 2024, the House of Representatives engaged in significant debate and eventually voted to reauthorize a key U.S. surveillance program. This process was marked by upheaval, with a faction of conservative lawmakers initially blocking the legislation.

  • Privacy Concerns and Amendments: The debate often cut across party lines, uniting those concerned about civil liberties with conservatives skeptical of government surveillance powers. Amendments aimed at restricting the FBI's ability to search for Americans' data within the collected foreign intelligence were a significant point of contention.

  • Presidential Campaign Allegations: Former President Donald Trump publicly stated, though reportedly inaccurately, that Section 702 had been used to spy on his presidential campaign, adding a political dimension to the reauthorization discussions.

  • Bipartisan Support for Reauthorization: Despite internal disagreements, the reauthorization ultimately passed the House with support from both Republicans and Democrats, indicating a consensus on the program's necessity, albeit with ongoing debates about its implementation and oversight.

Evidence and Statements

Reports indicate that Republican lawmakers have "ripped" the FISA court for the appointment. This strong language suggests a significant level of disapproval.

"Republican lawmakers express concern over Jennifer Daskal’s appointment to advise the secretive FISC after her controversial disinformation board role."

This statement from one of the reports encapsulates the core of the Republican opposition, linking Daskal's past work on the Disinformation Governance Board to concerns about her suitability for an advisory role on FISA.

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Further context on the broader FISA debates shows:

  • A bloc of 19 conservative lawmakers initially revolted against leadership over demands related to the surveillance program's reauthorization.

  • The final vote for reauthorization in the House saw 126 Republicans and 147 Democrats in favor, highlighting a split within the Republican party on the issue.

FISC's Role in Oversight and Reforms

The Foreign Intelligence Surveillance Court operates largely in secret due to the nature of national security information. Its primary function is to review and approve or deny government requests for electronic surveillance against foreign intelligence targets within the United States.

  • Mandate for Reform: The court itself has shown an awareness of past shortcomings. The order for the FBI to re-verify warrant applications, issued by Judge Collyer, demonstrates the FISC's active role in seeking to address issues within the FBI's FISA application process.

  • Appointment of Advisors: The FISC's selection of individuals like Jennifer Daskal to advise on reforms indicates a willingness to engage external expertise in refining its oversight procedures and ensuring compliance with legal standards. However, the perceived political background of these advisors can become a point of contention, as seen with the Republican reaction.

  • Balancing Security and Civil Liberties: The court and its advisors operate within the complex and often contentious space of balancing national security imperatives with the protection of civil liberties. Daskal's background, including her work on disinformation, may be seen by some as relevant to understanding modern threats, while others view it as a disqualifying political association.

Conclusion

The appointment of Jennifer Daskal to advise the FISC on surveillance reforms has become a focal point for Republican criticism. Lawmakers contend that her prior association with the Biden administration's Disinformation Governance Board raises concerns about impartiality and potential political influence on a critical national security oversight body. This controversy unfolds against a backdrop of intense legislative debate surrounding the reauthorization of FISA programs, where issues of privacy and government surveillance powers have consistently sparked partisan divisions. While the FISC's decision to seek advice on reforms suggests an effort to strengthen its oversight, the selection of Daskal has undeniably amplified existing political tensions surrounding U.S. intelligence gathering practices. The ongoing debates and criticisms highlight the persistent challenges in ensuring transparency and public trust in the nation's surveillance apparatus.

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Frequently Asked Questions

Q: Why are Republican lawmakers criticizing Jennifer Daskal's appointment to the FISA court?
Republican lawmakers are unhappy because Jennifer Daskal previously advised the Biden administration's now-closed disinformation board. They worry this past role makes her appointment to advise the Foreign Intelligence Surveillance Court (FISC) on FBI surveillance reforms unfair and possibly political.
Q: What is the FISA Court and what is its role?
The FISA Court, or FISC, is a special court that reviews requests for surveillance warrants against foreign targets in the U.S. It was created by the Foreign Intelligence Surveillance Act (FISA). The court's job is to make sure the government follows the law when it wants to conduct surveillance for national security reasons.
Q: What specific concerns do Republicans have about Jennifer Daskal's role?
Republicans believe Daskal's past work on the 'disinformation' board shows she might be too political for the FISA Court. They fear her advice on reforming FBI surveillance practices might be based on her previous political views instead of just focusing on making surveillance fair and effective.
Q: How does this appointment relate to recent FISA program debates?
Daskal's appointment comes as Congress debates reauthorizing key FISA programs, like Section 702, which allows spying on foreigners abroad. These debates have been difficult, with some lawmakers worried about privacy and government overreach, making any changes to FISA oversight very sensitive.
Q: What has the FISA Court itself done about past issues?
The FISA Court has acknowledged problems. Judge Collyer ordered the FBI in December to check its past warrant applications because some information might have been wrong. This shows the court is trying to fix issues with how the FBI uses surveillance powers.