Biden’s pitch to sell 702 reauthorization: fentanyl

From: POLITICO's National Security Daily - Friday Apr 28,2023 08:02 pm
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By Alexander Ward, Matt Berg, Lawrence Ukenye and Ari Hawkins

Rep. Darin LaHood, R-Ill., questions witnesses.

Rep. Darin LaHood told Erin and John that 702 “can play an important role going after the cartels and drug traffickers that are, you know, harming our citizens.” | Alex Brandon/AP Photo

With help from Daniel Lippman

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The Biden administration is telling lawmakers that they need to reauthorize a surveillance program to better track the production and distribution of fentanyl.

In public and in private, administration officials are stressing the need to track Mexican cartels and their Chinese suppliers in their push for Congress to reup the Foreign Intelligence Surveillance Act’s Section 702 before it expires at the end of the year, our own ERIN BANCO and JOHN SAKELLARIADIS report (with a small assist from Alex).

Left-leaning privacy advocates and GOP stalwarts incensed by the FBI’s handling of the investigation of Donald Trump are arguing the statute can’t be renewed without major changes that limit the surveillance of Americans. The cross-the-aisle consensus makes it highly unlikely Section 702 will be reauthorized as is, so the administration is making the strongest case it can to keep Congress from drastically curtailing its effectiveness.

The hope is that those lawmakers can be convinced that the upside is worth the risk by invoking a drug crisis that has sparked outrage among politicians across the country.

A new report released today by the Office of the Director of National Intelligence showed an increase in the number of Section 702 targets: 246,072 in 2022 compared to 232,432 in 2021.

Multiple intel agencies are using 702 against cartels, allowing them to track the shipments of chemicals and the people who smuggle it into the United States. One Democratic lawmaker said administration officials have also made the fentanyl case in recent weeks in classified briefings for senators and House members when explaining why they should vote to extend the use of the surveillance tool.

Rep. DARIN LaHOOD (R-Ill.), who has called for new civil liberties safeguards in the statute after the government improperly plugged his name into the surveillance database, told Erin and John that 702 “can play an important role going after the cartels and drug traffickers that are, you know, harming our citizens.”

While the administration’s pitch dovetails with one of Republicans’ favorite talking points — the border — it’s far from clear whether it will sway surveillance skeptics, who now hold powerful perches within the House GOP conference.

“I’m not convinced. I would have to see evidence of that,” said Rep. BEN CLINE (R-Va.), a member of the Judiciary Committee, adding the intelligence community has made the case about using the program to track cartels but not the details about fentanyl shipments.

ODNI’s report also notes that the number of times FBI personnel sought information on Americans within a repository of data collected under Section 702 of the Foreign Intelligence Surveillance Act fell more than 95 percent in 2022 from 2021. That, in theory, should please 702 skeptics.

But LaHood joined House Intelligence chair, Republican Rep. MIKE TURNER of Ohio, in a statement Friday following the release of the ODNI report: “Without additional safeguards, a clean reauthorization of 702 is a non-starter."

Read Erin and John’s full story.

The Inbox

UKRAINE’S READY: Kyiv is ready to launch a counteroffensive to recover parts of its territory invaded by Russia following months of planning, Ukrainian Defense Minister OLEKSII REZNIKOV said in Kyiv on Friday.

“Preparations are coming to an end,” the defense minister said, per our own NICOLAS CAMUT. “Equipment has been promised, prepared and partially delivered. In a global sense, we’re ready.”

Kyiv has been preparing a major counteroffensive against Russian forces in the spring for months, pressing its Western allies to deliver ammunition and weapons. Although the details of the offensive remain unclear, it could take place as early as mid-May or early June.

Earlier on Friday, at least 25 people died after Russia fired more than 20 missiles at the cities of Kyiv and Uman, the New York Times’ MARC SANTORA and VICTORIA KIM report.

Meanwhile, the NYT’s WILLIAM BROAD reports that the U.S. has wired Ukraine with radiation sensors to detect nuclear explosions.

SUDAN SITUATION INTENSIFIES: Gunfire and explosions rocked Khartoum and Omdurman early Friday as fighting between warring groups intensified.

The conflict, which began two weeks ago, rages on despite the extension of a fragile truce between the Sudanese army led by Gen. ABDEL-FATTAH BURHAN and the Rapid Support Forces paramilitary group helmed by Gen. MOHAMED HAMDAN DAGALO, the Associated Press’ SAMY MAGDY reports. More than 500 people have been killed and another 4,200 wounded, according to the Sudanese health ministry.

While the sides agreed to another three-day ceasefire, apparently to allow for foreign governments to move their citizens out of the country, a Turkish evacuation plane was hit by gunfire. No casualties were reported. The Sudanese army levied blame at the RSF, which denied the charges.

BURNS ON CHINA: The U.S. ambassador in Beijing says that China “is infinitely stronger than the Soviet Union ever was.”

NICHOLAS BURNS was very candid in an interview with our own PHELIM KINE for Global Insider about the long-term challenge of countering China in multiple arenas.

“When I think about the power that the Soviet Union had from the late 1940s into the early 90s, it was nothing like the power and the strength that China is exhibiting on the world stage. That’s why I think this comparison that people have made between the old Cold War and our present great power rivalry [with China] can be helpful at times to think about the comparisons, but they’re not exact,” he said.

Burns called on China to resurrect broken military communications channels which went silent following then-Speaker NANCY PELOSI’s visit to Taiwan. “Our diplomatic channels have been kind of on and off for the last year or two. We’d like to see them reliably stronger so that we can work together to head off any accidental conflict, any misunderstandings and deal with the normal business of government on a daily basis,” the ambassador said.

DRINKS WITH NATSEC DAILY: At the end of every long, hard week, we like to highlight how a prominent member of the global national security and foreign policy scene prefers to unwind with a drink.

Today, we’re featuring our newest team member: ARI HAWKINS, a POLITICO Fellow whose byline you’ve probably seen on this very newsletter for the last few weeks. He recently graduated from NYU in Abu Dhabi before moving to Washington, D.C.

In his college years, his drink of choice was an Arak cocktail at the Manhattan Lounge, a waterfront sports bar on Saadiyat Island. Nowadays, you can catch him testing out flavored mojitos and people-watching at Number Nine on weekends, a lounge bar positioned in the center of the district’s Logan Circle.

IT’S FRIDAY. WELCOME TO THE WEEKEND: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com and mberg@politico.com, and follow us on Twitter at @alexbward and @mattberg33.

While you’re at it, follow the rest of POLITICO’s national security team: @nahaltoosi, @PhelimKine, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @magmill95, @johnnysaks130, @ErinBanco, @Lawrence_Ukenye, @reporterjoe and @_AriHawkins.

 

The McCain Institute will convene its 10th annual Sedona Forum on May 5-6, featuring lawmakers, journalists, military leaders, business executives, and more. This year’s theme, “Indispensable Power,” will examine the diplomatic, military, and economic means employed to protect democracy, human rights, and the global competitive edge. Established by Senator John McCain, the Sedona Forum is held each spring in the red rock country of Sedona, Arizona, to advance the mission of the McCain Institute – fighting for democracy, human dignity, and security. Visit TheSedonaForum.org to register for the livestream today.

 
 
2024

WHEN IN JERUSALEM: Florida Gov. RON DeSANTIS made the most of his final days abroad, dining with major GOP donors while in Israel on Wednesday, Axios’ BARAK RAVID and SOPHIA CAI reported.

The likely GOP presidential candidate met with Israeli President ISAAC HERZOG before heading to a dinner hosted by LARRY MIZEL, an American business executive and former finance chair for the Trump campaign in Colorado, at the Museum of Tolerance, according to two people in attendance.

DeSantis, the guest of honor, also dined alongside MIRIAM ADELSON, former President DONALD TRUMP's top financial backer in 2020.

The Republican governor arrived in London on Friday to meet with U.K. Foreign Secretary JAMES CLEVERLY, and will address a group of 50 business leaders at a private roundtable with U.K. Trade Secretary KEMI BADENOCH.

Keystrokes

FIRST IN NATSEC DAILY –– ANGER OVER GUARDSMAN IN TIKTOK AD: A TikTok advertisement featuring a guardsman named JON LYNCH has concerned two Republican lawmakers, and they’re now seeking an explanation for his appearance.

“The video appears to serve as a de facto National Guard endorsement of TikTok’s platform,” Rep. ELISE STEFANIK (R-N.Y.) and Sen. JOSH HAWLEY (R-Mo.) wrote in a Friday letter to Gen. DANIEL HOKANSON, the National Guard chief. “This is extremely concerning given the known threats TikTok poses to Americans — especially so as TikTok is now banned on all U.S. government devices.”

Lawmakers in both parties fear that Beijing can force ByteDance, TikTok’s parent company, to hand over user data, just one reason why there’s discussion of banning the social media organization from the whole of the United States. Lynch declined to comment and redirected our request to the National Guard unit in New Hampshire.

Jon has been doing this on his own time with his own equipment,” Lt. Col. GREG HEILSHORN, director of public affairs at the New Hampshire National Guardsaid in response. “As a courtesy, he has worked with our public affairs office to ensure he is in accordance with military policy.

NatSec Daily doesn't know if Lynch’s is the only TikTok ad featuring a service member. TikTok didn't immediately respond to a request for comment about the ad.

A message from Lockheed Martin:

Our mission is to prepare you for the future by engineering advanced capabilities today.

Many of today’s military systems and platforms were designed to operate independently. Through our 21st Century Security vision, Lockheed Martin is accelerating innovation, connecting defense and digital to enhance the performance of major platforms, to equip customers to stay ahead of emerging threats. Learn more.

 
The Complex

GETTING THERE: The F-35 fighter program has yet to reach its goal of having 70 percent of the fleet be “mission capable,” our friends at Morning Defense report (for Pros!).

Of the section of the fleet that has not deployed, only 56 percent can fly and perform at least one mission, according to program officials. The goal is to have 64 percent be mission-capable by April 2024.

TRAGIC CRASH: Three Army helicopter pilots have died following the crash of two Apache helicopters while training in central Alaska, the Washington Post’s ANDREW JEONG reports. A fourth pilot survived and was taken to the hospital. The helicopters from the 11th Airborne Division’s 25th Aviation Regiment at Fort Wainwright. crashed Thursday near Healy, Alaska.

It’s still not clear what caused the crash. Investigators from the Army Combat Readiness Center in Fort Novosel will look into the tragic incident.

PENTAGON REVIEWS CLEARANCE PROCEDURES: The Pentagon is reviewing how it grants security clearances after JACK TEIXEIRA, the 21-year-old member of the Air National Guard who allegedly leaked hundreds of pages of U.S. intelligence, gained authorized access, The Hill’s ELLEN MITCHELL reports.

Defense Department spokesperson Brig. Gen. PATRICK RYDER told reporters on Thursday that the department is “looking at the process by which we clear and vet individuals for security clearances, and that work is ongoing.” He did not comment directly on how Teixeira was able to get clearance despite a history of violent and racist threats, which were revealed in court filings.

 

HAPPENING NEXT WEEK! GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from May 1-4. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.

 
 
On the Hill

HOUSE BLOCKS TROOP REMOVAL: The House blocked a resolution on Thursday that would compel the White House to remove hundreds of American troops deployed in Somalia as part of counterterrorism efforts, reports Rollcall’s RACHEL OSWALD. Lawmakers voted 102-321 against the resolution, introduced by Rep. MATT GAETZ (R-Fla.), which would have required the president to withdraw American troops within one year.

Broadsides

BEIJING’S BOATS AND PLANES: China deployed 38 warplanes and six navy vessels near Taiwan on Friday before lambasting the U.S. for flying a patrol plane in the area, the Associated Press’ HUIZHONG WU reports.

It was Beijing’s largest plane deployment since the country simulated sealing off Taiwan last month. Later in the day, China’s military took issue with a U.S. Navy P-8A Poseidon anti-submarine patrol aircraft that was spotted over the Taiwan Strait on Thursday.

Such acts “fully prove that the U.S. is a disruptor of peace and stability in the Taiwan Strait and a creator of security risks,” Chinese officials said. American officials characterized it as demonstrating the United States’ “commitment to a free and open Indo-Pacific.”

 

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Transitions

FIRST IN NATSEC DAILY: AMOS HOCHSTEIN is joining the White House as a senior adviser to the president for energy and investment and deputy assistant to the president, reporting to both national security adviser JAKE SULLIVAN and National Economic Council Director LAEL BRAINARD. Hochstein was previously at the Department of State, serving as the special presidential coordinator for the Partnership for Global Infrastructure and Investment and previously as the senior adviser to the secretary of State for global energy security.

FIRST IN NATSEC DAILY: NIDHI BOURI has been appointed deputy assistant administrator for global health at USAID, where she starts in June, DANIEL LIPPMAN has learned. She is currently wrapping up as senior adviser to the office of the first lady in the White House and is the former acting senior director for development, global health and humanitarian response at the NSC.

LINDA LOURIE has joined the Pentagon’s Office of Strategic Capital as a part-time consultant, though she will maintain her position simultaneously at WestExec Advisors, per Vox’s JONATHAN GUYER. “My work for the different organizations [will] cover different issues, and although I don't expect any conflicts of interest, I will be very cautious to ensure that it doesn't occur,” she wrote on LinkedIn in response to a query by government ethics expert WALTER SHAUB.

Today, the NatSec Daily family bids adieu to LAWRENCE UKENYE, who is leaving the team to join another part of the POLITICO newsroom as a fellow. We’re glad he’s hanging nearby but we’ll miss his speed, sharpness and suave on a near-daily basis. That he was able to contribute so vitally to this monster of a newsletter while running the student newspaper at Temple University is a testament to his skill, which we’ll miss. Congrats, Lawrence, and can’t wait to see what you do next!

What to Read

— PETER MATTIS, Foreign Affairs: How to Spy on China

— NGAIRE WOODS, Project Syndicate: Best practices for calamity-ready governments

— NATE JONES, The Washington Post: Newly released White House photos capture the day bin Laden was killed

Monday Today

— The Atlantic Council, 9 a.m.: "A 20-year Retrospective: Reflecting on the 'Mission Accomplished' Speech and its Aftermath," focusing on the 2003 invasion of Iraq

— The Hudson Institute, 10 a.m.: Rebuilding American Naval Dominance with retired Navy Capt. JERRY HENDRIX and Senior fellow at the Hudson Center TIMOTHY WALTON

—  American University School of International Service, 10 a.m.: The Enduring Struggle for Ukraine's Freedom with Amb. OKSANA MARKAROVA

— Korea Economic Institute of America, 11 a.m.: A Conversation with Ambassador MARC KNAPPER on the Potential for U.S.-Korea-Vietnam Trilateral Cooperation

— Harvard University Weatherhead Center for International Affairs, noon: Security Policy Agenda for Japan and the U.S.

— The Brookings Institution, 2 p.m.: U.S.-Taiwan Relations: Will China's Challenge Lead to a Crisis?

— ANU College of Asia & the Pacific, 6 p.m.: A history of LGBTIQ+ service in the Australian Defence Force

Thanks to our editor, Heidi Vogt, who uses illegal authorities to track our work.

We also thank our producer, Gregory Svirnovskiy, who gets anything he wants reauthorized.

A message from Lockheed Martin:

Our mission is to prepare you for the future by engineering advanced capabilities today.

Many of today’s military systems and platforms were designed to operate independently. Through our 21st Century Security vision, Lockheed Martin is accelerating innovation, connecting defense and digital to enhance the performance of major platforms, to equip customers to stay ahead of emerging threats. Learn more.

 
 

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