Wyden Blocks Senate Vote On Nominee To Lead Cyber Command, Nsa

Sen. Ron Wyden (D-Ore.) blocked the Senate this week from fast-tracking the confirmation of Lt. Gen. Joshua Rudd to serve as head of both U.S. Cyber Command and the National Security Agency, citing concerns that Rudd had a weak grasp of sensitive NSA surveillance programs.

Wyden, a privacy hawk, stated that he objected to Rudd’s confirmation because he appeared unfamiliar with internal agency rules meant to protect Americans’ privacy during his nomination hearing before the Senate Intelligence Committee in January.

“I did everything in my power to allow him to demonstrate some understanding of the basic guardrails of NSA's authorities and got nothing but vague assurances about following the law,” Wyden, who serves on the panel, wrote in a letter submitted Wednesday for inclusion in the Congressional Record.

Rudd currently is deputy commander of U.S. Indo-Pacific Command and has held various leadership positions across the U.S. military, though none in cyber-specific positions. Wyden also wrote that he was concerned that Rudd, “despite his service, does not have the background that would allow him to immediately step into” the role of leading Cyber Command.

“He is not qualified for this job. And, when it comes to the cybersecurity of this country, there is simply no time for on-the-job learning,” Wyden wrote. “The threat is just too urgent for that.”

Wyden’s objection means that the Senate will need to hold a formal vote on Rudd’s nomination instead of approving it by unanimous consent, a tactic often used to push nominations through the time-consuming Senate nominations process more quickly.

A spokesperson for Senate Majority Leader John Thune (R-S.D.) declined to comment on next steps for Rudd’s nomination.

In a statement sent after publication of this report, DOD said that “in advancing his nomination to the Senate floor, the Senate Armed Services Committee and the Senate Select Committee on Intelligence demonstrated their confidence" in Rudd's "outstanding qualifications."

"The Department of War is eager for the full United States Senate to have the earliest opportunity to consider LTG Rudd’s nomination so that he may quickly assume these critical national security positions," the statement added.

Rudd was selected by President Donald Trump in December for the position. He was approved by the Senate Armed Services Committee unanimously last month and then cleared the Senate Intelligence Committee by a vote of 14-3 earlier this month.

The NSA handles some of the federal government's most sweeping foreign surveillance authorities, which often pull in Americans' data as a byproduct of targeting people overseas.

Wyden’s objection to Rudd comes as Congress weighs the future of one such program, Section 702 of the Foreign Surveillance Act. Privacy advocates in both parties are hoping to impose greater guardrails on Section 702, but Trump recently told key GOP lawmakers he wants to preserve the program as is.

If confirmed to the role, Rudd would be the first Senate-approved dual-hat leader of the NSA and Cyber Command since Trump abruptly fired former head Gen. Timothy Haugh in April.

Lt. Gen. William Hartman — who Trump considered nominating to the dual-hat role and then changed his mind — has been leading in an acting capacity since Haugh’s departure.