The National Security Agency has appointed Kerianne Tobitsch as its new general counsel, filling a key legal role that had been vacant for approximately a year. Tobitsch, who previously served as a senior lawyer at the Department of Homeland Security, began her appointment on June 15, 2026.
Before her tenure at DHS, which began in April 2025, Tobitsch worked for over eight years at the New York City office of the law firm Jones Day, where she became a partner. Her professional background also includes contributions to JD Supra, an online legal publication, where she and her colleagues at Jones Day offered insights on privacy and data security matters.
The general counsel position at the NSA is a career civil servant role, intended to be apolitical, and involves overseeing the legal reviews and approvals for clandestine operations. Tobitsch's appointment comes at a critical time, as policymakers are expected to address the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) when they return from summer recess. This statute, which expired in June, permits the NSA to collect electronic communications of targeted foreigners abroad from American companies without a warrant.
The previous general counsel, April Falcon Doss, appointed in 2022 during the Biden administration, was removed from her position after a conservative website published a story about her past work as a Democratic staffer for the Senate Intelligence Committee. This story gained traction on social media, amplified by a far-right conspiracy theorist who had previously claimed responsibility for other high-level departures at U.S. Cyber Command and the NSA.
Around the time of Doss's departure, two other senior NSA lawyers voluntarily retired. These positions were subsequently filled on an acting basis. The NSA has not commented on whether these specific roles have been permanently refilled. The series of high-level departures had caused some internal concern within the agency and command, though officials are reportedly more at ease following the installation of a new commander and recent appointments to other top personnel roles.
The appointment of a general counsel has been a point of contention in recent years. In the final days of the first Trump presidency, Michael Ellis, an administration loyalist, was appointed to the role. This move was criticized by Congressional Democrats as an attempt to "burrow" a political appointee into a career position. Ellis was placed on leave at the beginning of the Biden administration before ultimately resigning. An inspector general probe later found no improper pressure from the Trump administration on the Defense Department regarding Ellis's appointment; Ellis is now the CIA's deputy director.
