President Donald Trump has nominated John Eisenberg, a former senior White House official, to lead the Department of Justice’s National Security Division. Eisenberg, who was a key legal adviser to the National Security Council during Trump’s first term, would oversee critical areas of national security, including terrorism, cyber-espionage cases, and foreign surveillance programs. His nomination comes amidst several recent departures within the division, which handles some of the most sensitive and powerful surveillance tools used by the U.S. government.
Eisenberg’s involvement in the first impeachment inquiry has raised questions about his conduct.
As legal adviser to the National Security Council in 2019, he was a central figure in the controversy surrounding Trump’s phone call with Ukrainian President Volodymyr Zelensky, where Trump allegedly pressured Ukraine to investigate Joe Biden and his son. Eisenberg was accused of helping to place the call into a secure system typically reserved for classified information, an action he has denied. He was also involved in handling the whistleblower complaint related to the phone call, which led to Trump’s first impeachment.
If confirmed by the Senate, Eisenberg would inherit a division that has recently experienced a significant shake-up, with multiple career officials leaving. His nomination is likely to prompt intense questioning from senators regarding his role in the Ukraine scandal, particularly regarding his decisions surrounding the call and his stance on the Foreign Intelligence Surveillance Act (FISA). Section 702 of FISA, which allows foreign surveillance, is up for renewal next year, and Eisenberg’s position on this powerful tool will be a critical point of discussion during his confirmation process.
Eisenberg’s background includes previous service at the Department of Justice as both an associate deputy attorney general and a deputy assistant attorney general in the Office of Legal Counsel. He is a Yale Law School graduate and clerked for Justice Clarence Thomas. His legal expertise and tenure in the government, particularly during the Trump administration, position him as a prominent nominee, but his past involvement in contentious political matters will likely shape the Senate’s confirmation process.
