GOP Lawmakers Criticize FISA Court Appointment of Former Biden Administration Attorney

Republican lawmakers have expressed strong opposition to the Foreign Intelligence Surveillance Court’s appointment of Jennifer Daskal to serve as an amicus curiae, citing concerns over her previous role in the Biden administration’s controversial Disinformation Governance Board.

Daskal, who was appointed this month, will now be among a small group of legal advisors to the secretive court that approves surveillance warrants for foreign intelligence purposes. The appointment has drawn criticism from prominent Republicans who question her ability to protect civil liberties given her past work.

“The same person who helped to build a board to censor American speech now advises judges on how to protect American liberties,” House Judiciary Committee Chairman Jim Jordan (R-Ohio) said in a statement. “That’s ridiculous—and exactly why Congress must continue our oversight.”

Senator Eric Schmitt (R-Mo.) described the appointment as “insane” and called for reforms to the FISC. On social media, Schmitt shared video of himself questioning Daskal during a previous hearing about what he termed the Biden administration’s “censorship enterprise,” particularly regarding COVID-19 information and election security.

The Foreign Intelligence Surveillance Court operates under classified, ex parte proceedings, where judges review government warrant applications without the surveillance target’s knowledge. An amicus curiae can be called upon to present counterarguments to the government’s application—essentially serving as a check against potential overreach in surveillance requests.

This oversight role has become particularly significant following past controversies. Republicans have grown increasingly critical of the FISC after revelations that the court approved FBI warrant applications containing flawed evidence to surveil Trump campaign aide Carter Page beginning in 2016. A Department of Justice inspector general report later identified more than a dozen “significant errors or omissions” in those applications.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) emphasized that “the American people need to have confidence in the people tasked to serve as amici” before the FISC. Grassley has introduced legislation—the FISA Accountability Act—that would give Congress input in selecting amicus curiae appointments.

The controversy surrounding Daskal stems from her role as a top Department of Homeland Security lawyer during the formation of the Disinformation Governance Board in 2022. Critics, particularly conservatives, characterized the board as a “Ministry of Truth” that they feared would infringe upon First Amendment rights by censoring certain viewpoints.

The board faced intense scrutiny not only because of Daskal’s charter role but also due to the appointment of Nina Jankowicz as executive director. Republicans pointed to Jankowicz’s past social media posts questioning the authenticity of the New York Post’s Hunter Biden laptop story as evidence of partisan bias. The authenticity of the laptop has since been verified through court proceedings.

Under mounting pressure from Republican lawmakers, who called the board “an abuse of taxpayer dollars” and raised concerns about government overreach, the Disinformation Governance Board was disbanded just months after its launch.

During a previous congressional hearing exchange with Senator Schmitt, Daskal stated that “it’s not appropriate for the government to censor any points of view.” She did not respond to requests for comment regarding her new appointment.

As the debate over surveillance powers continues, this appointment highlights the ongoing tension between national security interests and civil liberties protections that has defined FISA reform efforts in recent years.