James Comey

President Obama’s nominee to lead the FBI, James Comey, is likely to face scrutiny over government surveillance following the discovery that the NSA had access to virtually all Americans’ phones, The Wall Street Journal reports.

That’s because Comey, a former prosecutor, is intimately familiar with surveillance.

In 2004, Comey threatened to resign from the Justice Department after senior White House aides wanted to reauthorize a secret surveillance program over Comey’s opposition.

“I don’t think the Senate will hold up his confirmation, but I do think you’ll have these collateral issues becoming part of the confirmation process,” said Joe Whitley, a former senior lawyer with the Justice Department and Homeland Security Department during the Bush administration. “Both sides of the aisle, I think, will ask questions about it, and one or more senators could say they want answers on this before they move forward with the confirmation process.”