Democratic members of an independent intelligence watchdog are still on the job as of Monday, despite an edict from the Trump administration to resign. All three Democrats serving on the Privacy and Civil Liberties Oversight Board (PCLOB) “remain in their seats,” according to an agency spokesman. Last week, the White House deputy director of presidential personnel sent the trio an email demanding they submit resignation letters by close of business on January 23 or face termination. The move was viewed by privacy and civil liberties advocates as an effort to incapacitate the agency, which needs at least three members to finalize policy recommendations on the U.S. national security apparatus or start new inquiries. The White House did not ask Republican board member, Beth Williams, to resign. The fifth seat is currently vacant. Sharon Bradford Franklin, the board’s chair, is expected to step down when her term ends on Wednesday. Edward Felten, who was appointed by Trump during his first administration, is also set to term out this week but could use a provision in the agency’s statute to stay on for up to a year in order to give the administration time to name a replacement. Travis LeBlanc, a cybersecurity lawyer serving his second PLCLOB term, is slated to stay on the board for several more years. LeBlanc declined to comment when asked about his intentions. Despite the uncertainty, PCLOB late last week issued a report on how the federal government can improve some of the processes related to the terrorism watch list, which was originally launched in 2003. Still, questions remain about what would happen to other key projects should the members ultimately resign, or are forced out, and the board goes “sub-quorum,” which it has done for several years in the past. One of the largest initiatives is the board’s oversight of key elements to a data agreement reached between the U.S. and the European Union. That work includes an annual review of whether U.S. spy agencies are adhering to a Biden-era executive order that set certain parameters on surveillance activities. The White House did not immediately respond to a request for comment.
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