Senate Dems to Questions NSA Pick About Spying on Americans

The Army general nominated to lead the National Security Agency was asked repeatedly this month about how he would use the agency’s vast spying powers.

Lt. Gen. Joshua Rudd kept his answers vague.

He claimed to know little about a two-decade debate over “backdoor” searches on Americans. He dodged a question about whether the NSA should participate in President Donald Trump’s crackdown on antifa. And when asked about whether he would illegally target Americans, he responded curtly that he would follow the law.

The backdoor searches are among of the most controversial issues about NSA spying. Under current law, the federal government is allowed to search for information on U.S. citizens and residents in the vast troves of communications the NSA has collected while searching for foreign threats.

Privacy advocates have long argued that those backdoor searches are a huge privacy violation, pointing to the thousands of times the FBI has misused its backdoor search authority.

The government’s authority to conduct such searches expires in April. Rudd said in a written questionnaire that he did not know much about the law that has long dominated headlines about the NSA.

“This is an issue I have limited familiarity within my current role with USINDOPACOM,” he said, referring to his current role as deputy head of the Army’s United States Indo-Pacific Command. “At this time, I defer to NSA leadership to fully characterize the existing efforts taking place under this authority. If confirmed, I fully commit to working with Congress on all matters related to this authority.”

When he appears before the Senate Intelligence Committee on Tuesday, he could face more direct questioning. Senators including Ron Wyden, D-Ore., have often used such hearings to probe appointees’ positions on spying powers.

“Sen. Wyden strongly believes the government should get a warrant before searching for and viewing Americans’ communications,” said Keith Chu, a spokesperson for Wyden. “Government officials who are serious about protecting Constitutional rights should endorse that view.”

Say Nothing

Rudd, a career Army officer, was tapped by Trump earlier this year to replace the previous NSA director, who was ousted after a campaign by conservative influencer Laura Loomer.

While Democrats would face long odds to derail Rudd’s nomination, and have shown no appetite for doing so, his Senate confirmation hearings will likely provide the best insight into how he might lead the NSA.

Rudd largely managed to keep his views on hot-button issues closely held at a Senate Armed Services Committee hearing on January 15. He was so noncommittal that at one point the Republican chair of the committee, Sen. Roger Wicker, R- Miss., urged him to be more open about his views.

“It’s OK to tell us and, actually, it would be helpful,” Wicker said.

Sen. Elissa Slotkin, D-Mich., did query Rudd about whether the NSA should spy on Americans.

Speaking more than a week before the killing of nurse Alex Pretti in Minneapolis, Slotkin said that officials such as White House deputy chief of staff Stephen Miller and Vice President JD Vance were trying to label people in Minneapolis as domestic terrorists.

She noted that the federal government has long claimed for itself the authority to search through communications collected abroad — even if they involve Americans — under Section 702 of the Foreign Intelligence Surveillance Act.

“So can you answer for me: If the secretary of defense or the president of the United States asks you to put NSA or military intel, personnel, people, or tools, or assets targeted at American citizens who don’t have a link to a foreign terrorist organization, will you reject that?” Slotkin asked.

Rudd’s answer left room for interpretation. He said that “if confirmed, I will executive my responsibilities in accordance with the Constitution and all applicable laws.”

He gave a near-identical answer to another question from Slotkin about whether the NSA under his leadership would participate in an interagency federal law enforcement team targeting “domestic terrorists.”

Privacy advocates say answers like that have given little insight into where Rudd stands, or reassurance that he will not turn the NSA’s spying power against more Americans. They said they will be watching Tuesday as Rudd faces more questioning.

“Despite Rudd’s assurances that he will uphold his constitutional duties as NSA Director, the agency has a long history of violating Americans’ privacy and other constitutional rights through sweeping data collection practices,” said Hajar Hammado, a senior policy adviser at the left-leaning group Demand Progress.