Trump NSA Pick Backs Surveillance, Hedges on Warrants

U.S. Army Lt. Gen. Joshua Rudd, President Donald Trump's pick to lead the National Security Agency, said Thursday he supports retaining broad foreign surveillance powers enacted after the Sept. 11, 2001, attacks.

But Rudd was noncommittal when asked if he would require a warrant before those powers are used against Americans, offering few specifics during his confirmation hearing before a Senate committee.

Section 702 of the Foreign Intelligence Surveillance Act allows the NSA to collect communications of foreigners overseas using data drawn from U.S. digital infrastructure.

The provision has long raised concerns about domestic surveillance because it allows other U.S. agencies to search the data without a warrant. A 2024 proposal to require judicial approval before conducting such searches failed in the House of Representatives by one vote.

With the authority set to expire in April unless renewed by Congress, Section 702 is again under debate.

Rudd endorsed the provision — enacted as part of post-9/11 changes to U.S. intelligence policy — during testimony before the Senate Intelligence Committee.

"It's indispensable," Rudd said. "It's critical to mission outcomes."

Asked by Sen. Ron Wyden, D-Ore., if he would require a judicial warrant before targeting people in the United States, Rudd said that "if confirmed, I will absolutely commit to executing the foreign intelligence mission of the NSA in accordance with the authorities that it has been given and in accordance with all applicable laws."

Wyden said the response was insufficient.

"That is about as vague as anything I've heard on the subject," Wyden said.

When Sen. John Cornyn, R-Texas, returned to the issue later in the hearing, Rudd again declined to commit.

"That's certainly something I'd like to take a deeper look at," he said.

Rudd, nominated by Trump last month, currently serves as the deputy commander of U.S. Indo-Pacific Command, which oversees U.S. forces in the Pacific region. The NSA is part of the Defense Department and is responsible for collecting and analyzing intelligence for national security and counterintelligence purposes.