During a Senate Intelligence Committee hearing prior to the congressional recess, Sen. John Cornyn (R-TX) questioned John Eisenberg, the nominee for Assistant Attorney General for National Security at the Department of Justice, about the aims of China.
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00:00It's one of the problems we've had, the U.S. government has had generally, is a lack of trust in our government and government institutions because of the misconduct of individuals who have created a lack of confidence in our intelligence community, including the CIA and other agencies.
00:25But my hope is that now that new administration's in place, that that will no longer be the concern that it was previously.
00:37Specifically, you and I talked about FISA 702, the Foreign Intelligence Surveillance Act 702.
00:45In your lengthy experience as an intelligence officer, have you found that authority to be useful?
00:51Thank you for the question, Senator, and I appreciated our chance to chat in your office.
00:58As a career CIA officer, I used information collected under FISA Section 02 information on a very regular basis.
01:09As I expressed to you in our previous chat, I believe that this authority is critical to U.S. national security.
01:17I believe that while valid concerns have been raised at various points about how the process is used, that the reforms that were undertaken last year largely addressed those concerns, and that this is an essential tool that should be reauthorized.
01:33And you don't see any need for any additional reforms at this time?
01:37Senator, I would just commit that if confirmed, I would be very happy to work with the oversight committees to look at whether additional reforms are needed.
01:47But personally, I am confident that sufficient safeguards currently are in place to ensure the privacy and civil liberties of Americans are respected.
01:55Mr. Kent, let me ask you, Senator Kelly talked about foreign terrorist organizations.
02:02As you know, the cartels in Mexico have now been designated as such.
02:07And obviously, the scourge of fentanyl is the leading cause of death of young people between the age of 18 and 45 in this country.
02:17Unfortunately, Mexico has a serious problem with the cartels and the fact that corruption makes it exceedingly difficult for us or for the Mexican government itself to deal with this threat.
02:35How would you prioritize the threat of drug trafficking organizations like the drug cartels in Mexico?
02:42How would you approach that?
02:44And are the things that are not being done now that you think should be done?
02:48Thank you, Senator.
02:49I agree with President Trump that we have to take on these cartels like we take on terrorists.
02:55I mean, the cartels have killed hundreds of thousands of Americans over the years with fentanyl.
02:59So I'm glad we're finally taking this seriously.
03:01So number one, I think supporting what's taking place right now on the southern border and making sure we have strong border security so we can prevent the fentanyl from coming into the country.
03:11That's essential.
03:12I think we also need to work hand in hand with the Mexican government.
03:15I think most of us in the intelligence community have been pleasantly surprised to see how cooperative the Mexican government has been.
03:22It seems that they want to take out these cartels as well.
03:25So working with the Mexican government, enabling them to take out these cartels, these cartel leaders.
03:30But then I do think we need to trace the precursor trail back to where it originates.
03:35And much of the precursors, the ingredients for fentanyl, it's coming from China.
03:39Some of it is coming from India.
03:40So we're going to need hard diplomacy.
03:42We're going to need to use economic leverage to make sure that we cut off the fentanyl precursors from actually entering Mexico as well.
03:49And Mr. Eisenberg, do you agree with me that the People's Republic of China under the control of President Xi and the Chinese Communist Party
03:57endeavor to undermine the United States at nearly all cost in order to achieve their ambitions of dominance?
04:05Senator, yeah, I certainly agree that China is our main and most existential long-term competitor.
04:15And with that in mind, should American entities be investing in sensitive technologies in China
04:22only for them to develop, deploy, and weaponize them against us in furtherance of their goals?
04:29That's a difficult question that I actually have just never looked into.
04:33I know it's a difficult question.
04:35That's why I ask you.
04:37Can I phone a friend?
04:38No.
04:39Why don't you lean forward a little bit so I can hear you a little better?
04:42Yeah.
04:42That's something I would look into if I were confirmed.
04:45I can see issues on both sides of it.
04:48Why, obviously, there's a good reason to not do that if you're an American company, for example.
04:53But I can also understand why engagement is also a reasonable strategy.
04:59But, you know, if I were an American company, I would be very, very hesitant to get involved with that.
05:04Well, unfortunately, the attraction of the huge Chinese market and the money that would be generated from that
05:11seems to drive decisions about investments in China.
05:16But we have, as you may know, the Fight China Act, the Foreign Investment Guardrails to help thwart China Act,
05:25is one that would provide some outbound investment transparency,
05:30particularly in the sensitive technologies that we are working on with the administration.
05:35Right now we're working with the Treasury Department and others to try to provide technical assistance
05:42so we can get this right.
05:44But I look forward to working with you and the rest of the intelligence community to get this done.
05:51I think it's absolutely critical.
05:53Inadvertently, American companies are providing the financial resources necessary not only to modernize the Chinese economy,
06:02but to help them modernize their weapons and their military in a way that will allow them,
06:08then, to achieve their ambition, for example, of taking Taiwan by military force.
06:15And it makes no sense to me that we would inadvertently encourage or allow that and be blind to the consequences.
06:26So thank you for your answer, and thank you for each of you for being here and your willingness to serve.
06:35Senator King, you're recognized.
06:38Thank you, Mr. Chairman.
06:40Mr. Kent, thank you for your testimony.
06:42I walked in when you were from voting when you were-