Statement for the Record of Christopher C. Fonzone
Nominee for General Counsel of the Office of the Director of National Intelligence
Before the Senate Select Committee on Intelligence
May 18, 2021

Chairman Warner, Vice Chairman Rubio and Members of the Committee, it’s an
honor to appear before you today as President Biden’s nominee to be the general
counsel of the Office of the Director of National Intelligence (ODNI). Thank you
for taking the time to consider my nomination.
I’m only here today because of the efforts of others. My parents, Charles and
Mary Ann Fonzone, are watching today’s proceedings from home in
Allentown, Pennsylvania—probably pretty nervously. They instilled in me and
my brother Steve from a young age the importance of working hard and always
trying to do the right thing, and I think often of their guidance.
My wife Jill is here today and I can’t thank her enough for her love, counsel,
and patience, and for always being able to make me smile. Her support and
encouragement—even though she already knows what it is like to be married
to someone who works in a SCIF—is one of the main reasons I am prepared to
undertake this challenging role.
I’m also very thankful to President Biden and Director Haines for placing their
confidence in me. The Intelligence Community plays a vital role in keeping the
Nation safe, but it can only operate effectively if the American people have
confidence that its activities are lawful and consistent with the Nation’s values. If
confirmed, I pledge to do all I can to assist Director Haines in leading an
Intelligence Community that earns the American people’s trust.
I know this is a serious and important responsibility. Legal advice provided in
Washington can have far-reaching effects, including for Intelligence Community
personnel doing dangerous and difficult jobs far away from headquarters.
If confirmed, I would thus strive to provide advice that not only ensures the
Intelligence Community carries out its important mission consistent with the law,
but also is mindful of context and useful to the recipient. In short, my goal would
be to work with the dedicated and talented career lawyers in the General Counsel’s
Office to be a partner to the Director and all ODNI employees, providing them
with timely, practical, and sound counsel on the issues and challenges they face,
while remaining unafraid to deliver tough advice, when necessary.

Another key focus of mine, if confirmed, would be to maintain an effective
working relationship with the Congress—and this Committee, in particular.
Under the Constitution, the institutions of our government are ultimately
accountable to the American people. For this reason, I think the Intelligence
Community should be as transparent as it can be about the legal basis for its
activities. But much of the Intelligence Community’s work is necessarily secret,
and it is therefore crucial for Congress to have the information it needs to exercise
its oversight functions, particularly with respect to legal matters. If confirmed, I
would thus endeavor to be a partner to this Committee and maintain open lines of
communication on the range of legal issues that may arise during my tenure.
Finally, if confirmed, I would also look forward to working with lawyers from
across the Intelligence Community. National security lawyers often have to
confront novel questions for which traditional legal sources do not provide clear
answers. In those cases, collaboration can be extremely helpful, and cooperation
between Intelligence Community elements can also help ensure that the
Community’s equities are presented effectively in interagency legal discussions.
I recognize that there is probably no job with a mix of responsibilities identical to
the ODNI General Counsel’s. But I’ve been fortunate during my legal career to
have had a number of roles—clerking; at the Departments of Justice and Defense,
at the National Security Council, and in private practice—that I believe provide
useful experience.
This experience also teaches me how special it is to serve one’s country. Put
simply, there’s a sense of mission and purpose in working for the government that
you simply can’t replicate anywhere else. I also know how lucky you have to be
and how many things have to break right to have the opportunity to serve in a role
like the one for which I’ve been nominated.
That’s why, Mr. Chairman, Mr. Vice Chairman, and Members of the Committee, I
can commit to you that, if afforded the opportunity to serve, I will do everything in
my power to carry out this important office to the best of my ability; to be an
effective counselor to and advocate for the Intelligence Community; to be a partner
to this Committee; and to be an effective steward of the public’s trust.
Thank you again for your consideration of my nomination, and I look forward to
your questions.