A Biden administration official who played a central role in establishing the Disinformation Governance Board has been selected to advise the Foreign Intelligence Surveillance Court, a development that has prompted significant unease among Republican legislators, the Washington Free Beacon reports. Jennifer Daskal, who served as co-chair of the “Ministry of Truth,” will now participate in oversight of sensitive national security surveillance matters.
On February 1, the presiding judges of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review designated Daskal as an amicus curiae, or “friend of the court.” In this capacity, she is expected to provide legal analysis and advice to judges considering foreign surveillance warrant applications in national security cases. Daskal previously held the position of acting principal deputy general counsel at the Department of Homeland Security in the Biden administration, where she was responsible for drafting the charter that created the Disinformation Governance Board, according to a Jan. 31, 2022 memo, as reported by the Free Beacon.
The charter of that board authorized it to track and monitor “disinformation” and “misinformation” on topics such as election security, alleged “falsehoods” about United States immigration policy, and claims concerning the origins and effects of COVID‑19 vaccines and the effectiveness of masks. The announcement of the board’s mission triggered swift and widespread backlash from lawmakers and members of the public who feared it would function as a vehicle for government censorship of dissenting views on politically sensitive issues. Critics argued that empowering a federal entity to police contested narratives on elections, immigration, and pandemic policy posed serious risks to free expression.
The selection of Nina Jankowicz as director of the Disinformation Governance Board, a choice in which Daskal was involved, intensified concerns about partisanship and oversight. Jankowicz had publicly supported the now‑discredited Trump‑Russia collusion narrative and described the Hunter Biden laptop reports as a “Trump campaign product,” positions that critics cited as evidence of bias. Daskal’s role in helping to establish the board and carry out “actions necessary and proper for the execution of the Board’s responsibilities” has therefore become a focal point in the debate over her suitability to advise the FISA Court.
These concerns are heightened by the renewed scrutiny of the FISA Court after investigators found that the FBI and DOJ misled it to surveil Trump adviser Carter Page using the now‑discredited Steele dossier funded by the Clinton campaign. Adding to the controversy, Daskal previously supported investigating Donald Trump for possible obstruction in 2017 and defended former FBI deputy director Andrew McCabe, who approved use of the dossier in the FISA warrants.
Senate Judiciary Committee chairman Chuck Grassley of Iowa has been particularly outspoken about Daskal’s appointment. He has emphasized that public confidence in the individuals selected as amici before the FISA Court is essential, arguing that the integrity of the surveillance process depends on the perceived neutrality and independence of these advisers. Grassley has promoted his FISA Accountability Act, proposed legislation that would give Congress a formal role in the selection of amici curiae, thereby reducing the exclusive discretion currently exercised by the courts.
“The American people need to have confidence in the people tasked to serve as amici before the Foreign Intelligence Surveillance Court,” Grassley told the Free Beacon.
Other Republicans on the Senate Judiciary Committee have also scrutinized Daskal’s record. At a May 20 hearing, Senator Eric Schmitt of Missouri rebuked her for her role on the disinformation board, saying she “ought to be ashamed,” echoing GOP frustration over partisan misuse of disinformation efforts and surveillance powers.