Gabbard Shifts Stance On Contentious Intel Tool Amid Confirmation Debate

President-elect Donald Trump’s Director of National Intelligence nominee, Tulsi Gabbard, has expressed support for Section 702 of the Foreign Intelligence Surveillance Act (FISA), a key issue influencing her confirmation process, according to Punchbowl News:

Gabbard’s past criticisms of Section 702 of the Foreign Intelligence Surveillance Act have emerged as a central issue in her confirmation process, leaving GOP senators — including some in leadership — increasingly skeptical about the former Democrat’s confirmation prospects.

In her first public comments since being nominated, Gabbard told us in an exclusive statement that she now supports Section 702, saying the program is “crucial” and “must be safeguarded to protect our nation while ensuring the civil liberties of Americans.”

“If confirmed as DNI, I will uphold Americans’ Fourth Amendment rights while maintaining vital national security tools like Section 702 to ensure the safety and freedom of the American people,” Gabbard said.

In private meetings, senators are questioning Gabbard about legislation she introduced in 2020 that would repeal Section 702.

Section 702: A History of Controversy

Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the U.S. government to collect communications from non-U.S. persons located outside the United States without a warrant, even if those communications pass through U.S.-based infrastructure. Critics argue that this surveillance is overly broad and can capture large amounts of data that may include U.S. citizens’ communications, raising Fourth Amendment concerns.

While the law is aimed at foreign intelligence gathering, it often results in the incidental collection of communications involving U.S. persons. This occurs when Americans communicate with foreign targets or when their data is swept up during mass collection efforts.

The government has been criticized for retaining and using this data without obtaining a warrant, which some argue violates constitutional protections against unreasonable searches and seizures.

However, Gabbard is now backtracking, pointing to Fourth Amendment protections put in place to stop the incidental collection of Americans’ data.

“My prior concerns about FISA were based on insufficient protections for civil liberties, particularly regarding the FBI’s misuse of warrantless search powers on American citizens,” Gabbard told Punchbowl. “Significant FISA reforms have been enacted since my time in Congress to address these issues.”

“I will uphold Americans’ Fourth Amendment rights while maintaining vital national security tools like Section 702 to ensure the safety and freedom of the American people,” she added.

Her revised stance follows mounting scrutiny, as earlier this week, Gabbard was considered among the most vulnerable of Trump’s cabinet picks.

Inside the Senate’s High-Profile Meetings

Multiple senators from both parties who recently met with the former Hawaii lawmaker say they left the meetings unclear about her stance on the 702 program.

During these sessions, senators questioned Gabbard on her past public statements and her consistent votes against 702 reauthorization during her eight years in Congress.

GOP national security hawks found this particularly troubling, according to multiple sources.

Sen. James Lankford (R-Okla.) recommended on a Wall Street Journal podcast Wednesday that Gabbard should disavow her prior opposition to the 702 program.

Democrats Push to Delay Hearing

Meanwhile, Senate Democrats, led by Intelligence Committee Vice Chair Mark Warner (D-Va.), are pressing to postpone Gabbard’s confirmation hearing, citing incomplete documentation.

“Warner has pointed out that the committee has not yet received Gabbard’s FBI background check, ethics disclosure, or pre-hearing questionnaire,” Axios reported Tuesday, citing a source familiar with the matter. Committee rules require the background check to be submitted a week before the hearing.

Despite the delay, Senate Intelligence Committee Chairman Tom Cotton (R-Ark.) remains steadfast in advancing the process.

“We intend to hold these hearings before Inauguration Day. The Intelligence Committee, the nominees, and the transition are diligently working toward that goal,” Cotton said in a statement to Axios.

Political Tensions Rise

The pushback from Senate Democrats comes amid heightened concerns about national security following terrorist attacks on New Year’s Day.

“It’s sad to see Sen. Warner and Democrats playing politics with Americans’ safety and our national security,” Trump transition spokesperson Alexa Henning told Axios.

For the time being at least, Gabbard’s confirmation hearings have become a focal point for broader debates on balancing surveillance powers with civil liberties in addressing national security threats.

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