Durbin Calls For Opposition To FISA Section 702 Reauthorization Without Serious Reforms & Removal Of Pulte

WASHINGTON - In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, continued his calls for serious reforms to Section 702 of the Foreign Intelligence Surveillance Act (FISA). Section 702 allows the government to collect the private communications of foreigners overseas without a warrant. The problem is that millions, and potentially billions, of innocent Americans' communications with friends, family members, or co-workers abroad are swept up in this collection. Once collected, the government can read Americans' private text messages and emails-and even listen to phone calls-without ever having to obtain a warrant from a judge.

Durbin began by explaining that while Section 702 technically expires on Friday, it will continue to operate under year-long certifications approved by the FISA Court. So even if Section 702 were to expire this week, the law makes it clear that surveillance may continue until March of next year.

"Those who oppose reforming FISA argue there's no time to address these abuses because our national security will be harmed if Section 702 is allowed to expire even for a day. That is not true," Durbin said. "Existing law allows Section 702 collection to continue under an order from the FISA Court for another year, even without reauthorization. Congress can-and must-take the time to get this right. We must finally fix the fundamental, indefensible flaw at the heart of FISA-warrantless surveillance of American citizens."

Durbin then argued that Congress must reform Section 702 because unqualified MAGA loyalists like Acting Director of National Intelligence Bill Pulte, Federal Bureau of Investigation Director Kash Patel, and Acting Attorney General Todd Blanche could abuse this tool to serve the personal interests of President Trump rather than the American people.

"President Trump has named Bill Pulte Acting Director of National Intelligence… Since being confirmed to lead the Federal Housing Finance Agency, Mr. Pulte has abused his position to push criminal referrals against President Trump's perceived enemies, from New York Attorney General Letitia James to Fed Governor Lisa Cook. If Mr. Pulte becomes the Acting Director of National Intelligence, he would have access to thousands of Americans' private text, phone calls, and emails," Durbin said. "This housing expert is going to be playing with ammunition provided by the intelligence agency to keep America safe. Now it is going to be used for political purposes if we are not careful."

Durbin continued, "And then there's Federal Bureau of Investigation Director Kash Patel, a special case for sure. His agency is one of the biggest users of information acquired through Section 702… In addition to overseeing the purge of nonpartisan, career agents at the Bureau itself, Mr. Patel has also gutted internal FBI oversight of FISA by eliminating the office in charge of auditing compliance with Section 702 regulations. Another official with an instrumental role in Section 702 surveillance is Acting Attorney General Todd Blanche. Mr. Blanche was President Trump's personal defense attorney, and he has warped the Department of Justice into a personal sword and shield for President Trump."

Durbin then argued that Congress must ask whether Section 702 authorities safeguard the privacy rights of Americans under any Administration, not just the current one.

"Our nation's founders understood that government can't be trusted to police itself against overreach into citizens' private lives. That's why the Constitution sets up this system of checks and balances. One of the most important checks is the Fourth Amendment, which requires the government to get a warrant from a judge before searching Americans' homes or private communications. Section 702 should not be a backdoor around this constitutional limitation," Durbin said. "That's why Senator Lee, a Republican from Utah, and I have a bipartisan proposal to require the government to obtain a judicial warrant before searching Americans' communications collected under Section 702."

Durbin and U.S. Senator Mike Lee (R-UT) have proposed their bipartisan, compromise bill, the Security and Freedom Enhancement (SAFE) Act, as a path forward. Their legislation reflects a carefully crafted, pragmatic approach that protects national security by reauthorizing Section 702 and protects Americans' privacy and civil liberties by enacting meaningful safeguards against warrantless surveillance and government abuses. Durbin and Lee published a joint op-ed in the New York Times calling for passage of the SAFE Act.

"I urge my colleagues to ask if the current Administration can be entrusted with the immense power of Section 702 and whether every future Administration can also be trusted with it. It is clear that the answer to both questions is no," Durbin said. "Congress must enact commonsense guardrails that uphold the Constitution and protect the American people from abuse by this Administration or any future Administration."

Durbin concluded, "The Republican Leader came to the Floor earlier today to talk about the security of the United States. I agree with him-it is a paramount task. But, also adherence to our Constitution, which each and every one of us swore to uphold and defend, is part of that process. And the notion that we can put a temporary person in charge of 17 or 18 intelligence agencies across the globe dedicated to keeping us safe 24/7 because he's loyal to the President's politics ain't enough. You ought to be qualified before you take on a job of that magnitude. Mr. Pulte is not qualified."

Video of Durbin's remarks on the Senate floor is available here.

Audio of Durbin's remarks on the Senate floor is available here.

Footage of Durbin's remarks on the Senate floor is available here for TV Stations.

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