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Biden Administration Official Who Launched Disinformation Board Appointed to Foreign Intelligence Surveillance Court Advisory Role
Jennifer Daskal, who helped establish the controversial Disinformation Governance Board during her tenure in the Biden administration, has been appointed to advise the powerful Foreign Intelligence Surveillance Court (FISC), sparking concerns from Republican lawmakers about potential partisan influence in sensitive national security matters.
Daskal was appointed on February 1 to serve as amicus curiae (“friend of the court”) for both the FISC and the Foreign Intelligence Surveillance Court of Review. In this capacity, she will advise judges on legal issues related to foreign surveillance warrants in national security cases, a role that carries significant influence in the secretive court system.
During her time as acting principal deputy general counsel at the Department of Homeland Security, Daskal played a key role in creating what critics dubbed the “Ministry of Truth.” According to a January 2022 memo, she drafted the charter for the Disinformation Governance Board, which was tasked with tracking “disinformation” related to election security, immigration policy, and COVID-19 vaccines.
The board faced immediate backlash over free speech concerns and was ultimately disbanded. Nina Jankowicz, whom Daskal helped select as the board’s director, drew particular criticism for previously dismissing the Hunter Biden laptop story as a “Trump campaign product” and promoting narratives about Trump-Russia collusion.
Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) expressed reservations about Daskal’s new role. “The American people need to have confidence in the people tasked to serve as amici before the Foreign Intelligence Surveillance Court,” Grassley told the Washington Free Beacon. He is sponsoring legislation called the FISA Accountability Act that would give Congress a role in selecting these court advisors. Currently, such appointments are made solely by the presiding judges.
Senator Eric Schmitt (R-Missouri), another Judiciary Committee member, previously confronted Daskal about her involvement with the disinformation board during a May hearing, telling her, “You ought to be ashamed of your role in this.”
Daskal’s appointment comes at a particularly sensitive time for the FISC, which has faced intense scrutiny following revelations of abuses during the Trump-Russia investigation. Federal investigators found that the FBI and Department of Justice provided misleading information to obtain surveillance warrants against Trump campaign aide Carter Page in 2016 and 2017, relying heavily on the now-discredited Steele dossier.
Critics point to Daskal’s past political positions as concerning for someone advising the surveillance court. In 2017, she called for President Trump to be investigated for obstruction of justice in the Russia probe and expressed support for former FBI Deputy Director Andrew McCabe, who was later investigated for lying to the FBI about media leaks.
Campaign finance records show Daskal has been a consistent Democratic donor, contributing nearly $2,000 to Biden’s 2020 campaign and more than $1,800 to Hillary Clinton in 2016.
Her appointment has intensified Republican concerns about partisan influences within the FISC’s amicus curiae roster. Several current advisors have Democratic ties, including Amy Jeffress, who serves as President Biden’s personal attorney, and Mary McCord, who authorized FISA applications during the Trump-Russia investigation as head of the Justice Department’s national security division.
The controversy highlights ongoing tensions surrounding the FISA court system, which operates largely out of public view yet wields substantial power in authorizing surveillance of U.S. citizens in national security matters. Despite requests for comment, neither the FISA Court nor Daskal responded.
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8 Comments
This is a curious appointment, given Daskal’s role in the Disinformation Governance Board. I hope the FISA Court can maintain its independence and impartiality, despite this potential conflict of interest.
I share your concerns. Daskal’s background raises questions about her suitability for this advisory role. The FISA Court’s decisions have major national security implications, so it’s vital that it remain above partisan politics.
While I’m generally supportive of efforts to combat disinformation, the Disinformation Governance Board was widely criticized as a potential threat to free expression. Putting one of its architects in an influential FISA Court role is concerning.
The Disinformation Governance Board was a concerning initiative that many saw as a threat to free speech. Appointing one of its architects to the FISA Court advisory role is certainly a controversial move that will likely face scrutiny.
Interesting development. The Disinformation Governance Board was a controversial initiative, so I can understand the GOP’s concerns about potential partisan influence on the FISA Court. Transparency and oversight will be important here.
This is certainly a controversial appointment, given Daskal’s role in the Disinformation Governance Board. It raises concerns about potential partisan influence in national security matters. I’ll be curious to see how this plays out.
The Disinformation Governance Board was a concerning initiative that raised questions about free speech and government overreach. Appointing one of its architects to the FISA Court advisory role seems like a questionable decision.
I agree, this appointment seems problematic and could undermine public trust in the FISA Court’s impartiality. Oversight and transparency will be crucial going forward.