NSA director nominee promises not to hide spying programs from Congress

Erin Kelly | USA TODAY

WASHINGTON — President Trump's nominee to lead the National Security Agency promised members of the Senate Intelligence Committee on Thursday that he won't hide spying programs from them — as the agency has done in the past by failing to tell Congress about the mass surveillance of Americans.

Army Lt. Gen. Paul Nakasone told the committee that he would inform the panel and follow the law before undertaking any new surveillance programs.

"I would consult with this committee and have that discussion, but at the end of the day I would say I would follow the law and I would ensure, if confirmed, that the agency follows the law," Nakasone testified.

Sen. Ron Wyden, D-Ore., who pressed Nakasone on the issue, said Nakasone's response was "encouraging — because that was not the case back in 2001."

After the 9/11 terrorist attacks on America, then-president George W. Bush secretly directed the NSA to eavesdrop on Americans and others inside the U.S. to search for evidence of terrorist activity without obtaining court-approved warrants. Before that, the NSA's traditional mission was to spy on communications in foreign nations.

The NSA also used Section 215 of the Patriot Act anti-terrorism law to secretly collect metadata from the phone records of millions of Americans not suspected of any terrorist ties. That program, revealed by former NSA contractor Edward Snowden, led Congress to pass a law in 2015 halting the mass surveillance program.

Wyden asked Nakasone: "If there was a form of surveillance that currently requires approval by the FISA (Foreign Intelligence Surveillance Act) Court and you were asked to avoid the court on some sort of secret legal analysis, what would you do?"

"I think one of the most important things is that we have the conversation between the agency and this oversight committee," Nakasone said, noting that he would have "a tremendous amount of legal advice" and would abide by the law.

Vice Chairman Mark Warner, D-Va., said the NSA's activities must include "foolproof mechanisms for ensuring no Americans are targeted without a warrant."

Nakasone, who currently serves as the head of the U.S. Army Cyber Command, also was asked by Sen. Roy Blunt, R-Mo., whether the NSA has the authority it needs to counter Russia's efforts to interfere in U.S. elections.

Nakasone said he believes the agency has all the authorization it needs from the Department of Defense to counter cyber threats but would need new authorization to work with state and local election officials to protect voting systems from hacking.

The current NSA director, Navy Admiral Mike Rogers, made headlines last month when he told the Senate Armed Services Committee that he had not been authorized by either Trump or Defense Secretary James Mattis to do more to counter Russian cyber attacks aimed at U.S. elections.

Rogers, who is retiring, testified that he had taken extra steps within his current authority, but that “I haven’t been granted any, you know, additional authorities, capacity and capability."

Warner said Russia's actions "demand a strong U.S. response." Congress has been pressing Trump to enforce economic sanctions against Russia that lawmakers approved last year.

On Thursday, the Trump administration took the first step — sanctioning a number of Russian groups, including the Internet Research Agency, which was indicted by a grand jury last month as part of Special Counsel Robert Mueller's investigation into Russian interference in the 2016 presidential election. The company is a "troll farm" that uses fake identities to pose as Americans on social media to try to sow division among U.S. voters.

"I believe we need a cyber doctrine that will deter nations like Russia from going after our critical institutions — civilian, military, and private sector, knowing that there will be consequences," Warner said.

Nakasone promised to provide the committee with any information it needs to conduct its own continuing investigation of Russian interference in the 2016 election.

Chairman Richard Burr, R-N.C., said he will schedule a confirmation vote as soon as Nakasone responds to written questions from the committee. Nakasone is expected to be confirmed easily by the panel and by the full Senate. The Senate Armed Services Committee unanimously voted to approve Nakasone earlier this month.

"it strikes me that you've been nominated at a very pivotal time," Burr said. "It's a tremendous opportunity and a tremendous challenge. I think you're the right person at the right time."

Nakasone, a Minnesota native, assumed command of the U.S. Army Cyber Command in October 2016 after leading the Cyber National Mission Force at U.S. Cyber Command. He has held command and staff positions across all levels of the Army, with assignments in the United States, the Republic of Korea, Iraq and Afghanistan.























