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Trump Asks Congress To Save Warrantless Spy Law, Says Bill Pulte Won’t Stick Around

WASHINGTON — President Donald Trump on Wednesday begged Congress not to kill the government's spy powers and promised to quickly nominate a replacement for the loyalist he's picked to lead America's intelligence agencies.

In a post on his website, Trump asked Congress to temporarily extend part of the Foreign Intelligence Surveillance Act set to expire this week to give him time to find someone besides Bill Pulte to head the Office of the Director of National Intelligence.

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"I am asking Congress to send me a short-term extension of FISA to provide time for the selection and confirmation of a permanent Head of the Agency," Trump wrote, in an apparent nod to Republican requests for the president to quickly name someone else.

The Senate rejected a three-year FISA extension last week after Trump first announced Pulte would serve as acting director of national intelligence. The bipartisan rejection was the second time in weeks Trump set back his own agenda on Capitol Hill; Republicans last month balked at an immigration enforcement bill after Trump created an "Anti-Weaponization Fund" to send cash payments to his political allies. As soon as the administration said the fund wouldn't move forward, Republicans moved the bill.

Sen. Mark Warner (D-Va.), the top Democrat on the Senate Intelligence Committee, said Congress would be able to extend the spy law if Trump had not thrown a "live hand grenade" into negotiations by announcing he would put Pulte in charge.

Warner suggested lawmakers might be unable to pass another short-term extension after having already done so twice this year.

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"I'm not sure there are votes there," Warner told reporters Wednesday.

In other words, Democrats, and perhaps some Republicans, could make a stand against the president.

In his current role at the Federal Housing Finance Agency, Pulte has combed through mortgage records to accuse various Democrats of mortgage fraud and refer them for criminal prosecution. So far, the criminal investigations have fizzled.

Section 702 of the spy law allows the government to spy on foreigners using American telecommunications infrastructure. Americans' emails and phone records are incidentally captured, and domestic law enforcement agencies can then look at them in a process civil liberties advocates consider an end run around the Constitution's Fourth Amendment protections against unreasonable government searches.

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Sen. Ron Wyden (D-Ore.), the Senate's leading proponent of spy reforms — especially a requirement that law enforcement agencies get judicial warrants before making "U.S. person queries" of FISA data — suggested a left-right coalition of lawmakers would insist on reform regardless of who is in charge.

"Firing Pulte is not going to fix the problem," Wyden told HuffPost. He declined to say Wednesday whether he'd block a short-term extension like the one Trump asked for.

Other Democrats, however, suggested firing Pulte would be a big help.

"FISA is not doomed as long as the president is willing to change his mind about nominating someone who is wildly unqualified to hold this position," Sen. Chris Coons (D-Del.) told HuffPost.

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