Trump’s DNI pick violates the law establishing the position

Bill Pulte, nominated to be the director of the Federal Housing Finance Agency, testifies on Capitol Hill in Washington, D.C., U.S., February 27, 2025. REUTERS/Annabelle Gordon

President Donald Trump's nominee to oversee the 17 U.S. intelligence agencies may not be a legal option, one analyst believes.

Co-editor of "Just Security," Ryan Goodman, cited 50 U.S. Code § 3023, which established the position of Director of National Intelligence and requires it be held by someone with considerable intelligence experience.

The post was created after Sept. 11, 2001, when a report found there was intelligence ahead of time that an attack was imminent, but various intelligence agencies were unable to connect the dots.

Under the first section, the law outlines, "(1) There is a Director of National Intelligence who shall be appointed by the President, by and with the advice and consent of the Senate. Any individual nominated for appointment as Director of National Intelligence shall have extensive national security expertise."

Trump nominated Federal Housing Finance Agency Director Bill Pulte to the post via a Truth Social post. Pulte has never worked in national security or intelligence.

Pulte is also the chairman of Fannie Mae and Freddie Mac.

The law also says that Pulte couldn't serve in any other role, but it's limited to being in an intelligence capacity.

"For those confused: 'Shall have' is not an anointment. It’s a job requirement," one person commented to Goodman.

At least three U.S. senators necessary for approval have indicated they're not supportive of Pulte for the post.

“He doesn’t seem very qualified,” Sen. Bill Cassidy (R-La.) told Huffington Post reporter Sahil Kapur.

“I see no evidence of any qualifications for that job," Sen. John Cornyn (R-Texas) said. He later added that he was willing to listen to arguments in favor of Pulte.

“We don’t need a weaponized DNI, we need professionals there,” Sen. John Thune (R-S.D.) also told reporters on Tuesday. “If he’s somebody we want in that position permanently, he’s got a lengthy road ahead of him.”

Sen. Ted Budd (R-N.C.), a member of the Senate Intelligence Committee, said, "I probably would’ve considered at least first a lot of talented people that are very supportive of the president that would be a good fit. But congratulations to Mr. Pulte."

Dr. Mehmet Oz, who oversees the Centers for Medicare and Medicaid Services, told reporters at the Tuesday press briefing that Trump is a "quick study" in understanding people's "emotional abilities and their ability to persevere in the face of hardship."

Ned Price, a former top State Department advisor and former intelligence analyst for the CIA, wrote on X, "The biggest news isn't that Trump is appointing someone without a national security background to a position that, by law, requires 'extensive' experience. It's that Pulte earned Trump's trust by using mortgage records to pursue perceived political enemies. Now this top henchman will have access to some of our most sensitive intelligence and exquisite capabilities. That's why this is so noteworthy — and concerning."

Sen. Mark Warner (D-Va.) said in a statement, “The concern is not only that Mr. Pulte lacks the ‘extensive national security experience’ required by statute for the job … It is that he appears to have been selected precisely because the White House believes he will provide the narrative it wants, not the intelligence we need.”

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