Trump is considering an executive order to maintain Section 702 of the Foreign Intelligence Surveillance Act

President Donald Trump said Thursday that he might consider using an executive order to keep Section 702 of the Foreign Intelligence Surveillance Act (FISA) in effect after Congress failed to pass a temporary extension before the program expires. “Congress wants me to do it. Let's see what happens. It’s very important for our military,” the Republican president said at the White House after being asked if he planned to use an executive order to preserve that surveillance authority.

According to The Hill, Trump’s remarks came after the Senate and House of Representatives failed to pass legislation extending Section 702, primarily due to Democratic opposition linked to Trump’s decision to promote Bill Pulte to a senior position within the intelligence community. The outlet reported that, unless a last-minute measure is adopted, the provision will expire at midnight on Friday.

Likewise, Trump’s remarks came shortly after he named U.S. Attorney Jay Clayton as the new Director of National Intelligence. Clayton is a U.S. Attorney for the Southern District of New York and served as Chairman of the Securities and Exchange Commission during Trump’s first term. "I am pleased to announce the nomination of the highly respected Jay Clayton... to be the next Director of National Intelligence. I encourage the U.S. Senate to confirm Jay as soon as possible," Trump said on his official Truth Social account.

Clayton comes to the position after serving as U.S. Attorney for the Southern District of New York (SDNY), where he oversaw high-profile investigations. Among them is the expanded indictment against Venezuelan dictator Nicolás Maduro for alleged drug trafficking and terrorism offenses, a court document bearing Clayton’s signature that was filed after he took over as head of that office.