"The general counsels of the CIA and ODNI wield extraordinary influence, and they do so entirely in secret, shaping policies on surveillance, detention, interrogation, and other highly consequential national security matters. Moreover, they are the ones primarily responsible for determining the boundaries of what these agencies may lawfully do. The scope of this power and the fact that it occurs outside of public view is why Senate confirmation is so important."
"In theory, having the most important legal thinkers at these secretive agencies-the ones who presumably tell an agency if something is legal or not-approved or rejected by the Senate allows elected officials the chance to vet candidates and their beliefs. If, for instance, a confirmation hearing had uncovered that a proposed general counsel for the CIA thinks it's not only legal, but morally justifiable for the agency to spy on US persons on US soil because of their political or religious beliefs-then the Senate would have the chance to reject that person."
"In a landmark ruling, a federal district court held that backdoor searches of databases full of Americans' private communications collected under Section 702 ordinarily require a warrant."
EFF joined 20 civil liberties and civil rights organizations opposing a Senate rule change that would remove Senate confirmation for the general counsels of the CIA and ODNI under S.2342. The change would place powerful legal advisors at secretive agencies beyond the standard Senate vetting process. Those general counsels shape policies on surveillance, detention, interrogation, and determine the boundaries of lawful agency action. Senate confirmation provides elected officials an opportunity to vet candidates' beliefs and disqualify nominees who endorse unlawful or extreme practices. Separately, a federal district court ruled that backdoor searches of Section 702-collected databases ordinarily require a warrant.
Read at Electronic Frontier Foundation
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