Mullin: FISA lapse raises US threat level to 'highest it's ever been'

Key facts

• Homeland Security Secretary Markwayne Mullin stated the U.S. is facing its highest-ever threat level.
• The lapse of Section 702 of the Foreign Intelligence Surveillance Act (FISA) occurred on Friday.
• Mullin asserted that the FISA lapse significantly hinders counter-terrorism efforts, making actions that took hours now take days.
• Sen. Jack Reed countered that FISA powers remain operative until March and are still available to intelligence services.
• Reed attributed the failure to extend FISA to a bipartisan issue, with the House Republican majority voting against it.
• President Trump's temporary appointment of Bill Pulte as acting Director of National Intelligence was cited as a reason for some lawmakers' opposition.

Homeland Security Secretary Markwayne Mullin warned on Sunday that the United States is facing its highest-ever threat level following the expiration of key surveillance powers under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The powers lapsed on Friday after lawmakers failed to pass an extension.

Mullin stated on Fox News that the lapse significantly complicates counter-terrorism efforts, turning actions that previously took hours into multi-day processes. He highlighted the upcoming FIFA World Cup and Freedom 250 celebrations as events that increase security demands. "When I say we arrest terrorists every single week, I’m not exaggerating. Those aren’t the individuals that are coming across our border, those are individuals that are still inside this country…," Mullin said.

He further elaborated on the challenges, referencing the extensive security needs for the FIFA World Cup, which involves 78 games across 11 cities in 38 days, and the Freedom 250 celebrations. Mullin criticized some states for suspending federal partnerships that aid law enforcement in immigration enforcement functions.

However, Senator Jack Reed (D-RI) offered a different perspective, explaining that the FISA powers remain operative until March and are still available to intelligence services, citing a previous instance where authorization lapsed but the powers remained usable. Reed also pointed out that the House Republican majority voted against extending FISA, framing it as a bipartisan issue rather than a Democratic one. He expressed concern about the appointment of Bill Pulte as acting Director of National Intelligence, calling him a "political hatchet man for the president."

Some lawmakers reportedly opposed the FISA extension in protest of Pulte's interim appointment, which President Trump had described as temporary. Trump has since nominated former Securities and Exchange Commission Chair Jay Clayton for the permanent Director of National Intelligence role, though Reed questioned Clayton's qualifications regarding the statutory requirement for significant national security experience.