U.S. Senate Democratic Whip Dick Durbin, who serves as the Ranking Member of the Senate Judiciary Committee, delivered an opening statement at a committee hearing focused on the Foreign Intelligence Surveillance Act (FISA) and executive accountability. The hearing comes as Section 702 of FISA is set to expire in less than three months, prompting renewed scrutiny over its use and oversight.
During his remarks, Durbin emphasized the committee’s responsibility to oversee FISA and develop legislative solutions that balance national security with Americans’ constitutional rights. He criticized the Trump Administration and Department of Homeland Security Secretary Kristi Noem for not allowing government officials to testify at key Senate hearings. After persistent requests from Durbin, Secretary Noem agreed to appear before the committee in five weeks.
“I am disappointed that we do not have any witnesses from the Trump Administration testifying today. Members of this Committee must be able to question Executive Branch officials regarding their use of this sweeping authority, especially for warrantless surveillance of Americans,” said Durbin.
He continued, “This is why, when I served as Chair of this Committee [last Congress], I convened a hearing with senior officials from the Biden Administration... so we could hear their answers. The failure of Trump Administration officials to appear before this Committee on important issues is a troubling pattern that must come to an end.”
Durbin also addressed Secretary Noem’s delayed appearance: “For months, I have been calling for Secretary Noem to answer for the lawless and inhumane reign of terror that her agency has unleashed on America. Secretary Noem has such a busy schedule that she was unable to come before this Committee the last calendar year. But now, she said she might find time in her schedule in a mere five weeks. What’s going to happen in Minneapolis in the next five weeks?”
With Section 702 approaching its expiration date and concerns about government surveillance growing, Durbin stated: “With the Trump Administration challenging our constitutional rights, and the sunset of Section 702 just three months away, a hearing with government officials to address their use of this surveillance [tool] is imperative.”
He acknowledged Section 702’s role in foreign intelligence gathering but raised concerns about privacy: “There is no doubt that Section 702 is a valuable tool for collecting foreign intelligence. However, for years, the government has used [Section 702] as a domestic spying tool to collect millions—maybe billions—of Americans’ private communications. And it is then searching these vast troves of our communications—reading our text messages and emails and listening to our phone calls—all without a warrant required by the Fourth Amendment.”
Durbin reiterated his longstanding view: “It was my view when Section 702 was first authorized in 2008—and it remains my view now—that Section [702] does not contain sufficient safeguards to protect the privacy and civil liberties of Americans.”
Highlighting bipartisan efforts toward reforming FISA oversight, he added: “That is why, since the first reauthorization of FISA in 2012, I have worked on a bipartisan basis with Senator Lee and we continue to work together to require a warrant for any search of an American’s communications. I urge my colleagues to join our effort and I look forward to working with the Chairman to ensure that Congress does not fail the American people.”
Previously, Senators Durbin and Mike Lee introduced bipartisan legislation known as the Security and Freedom Enhancement (SAFE) Act aimed at balancing national security needs with protections against warrantless surveillance.
Video footage and audio recordings of Durbin's opening statement are available online.
