Tulsi Gabbard, the nominee for director of national intelligence, has defended the use of controversial foreign spying powers, something she once opposed when she was a member of Congress, but has criticized warrantless searches of communications. I still vow to protect people's Fourth Amendment rights.”
Gabbard, 43, issued an unusual statement ahead of her confirmation hearing next week, saying she would retain so-called Section 702 powers of the Foreign Intelligence Surveillance Act if she becomes the next head of all 17 intelligence agencies. I promised.
“Section 702, unlike other FISA authorities, is critical to gathering foreign intelligence on non-U.S. persons overseas,” she said. “This unique capability cannot be duplicated and must be protected to protect the nation while ensuring the civil liberties of Americans.”
“My previous concerns about FISA were based on inadequate civil liberties protections, particularly regarding the FBI's abuse of warrantless search powers against American citizens,” Gabbard added in a statement. . first reported From Punch Bowl News.
“Significant FISA reforms have been enacted since my time in Congress to address these issues. If confirmed as DNI, I will continue to implement Section 702 to ensure the safety and freedom of the American people. It will uphold the Fourth Amendment rights of the American people while preserving critical national security tools like this.”
One Republican aide quipped to the Post that Gabbard's twisted expression “sounds like a hostage statement,” as she prepares to face scrutiny from security-minded senators.
“She made this statement clearly to allay concerns from intelligence hawks that she is not doing enough to spy on Americans,” the aide said. “It is an open question whether she is simply telling them what they want to hear and intends to implement further reforms once she takes office, or whether she has truly abandoned her goal of major FISA reform.
“Nevertheless,” this person added, “her claim that the latest FISA ‘reforms’ have substantially resolved concerns about the program sounds like hostage talk, because a true overhaul is unlikely.” Because anyone who has worked on it knows they haven't fixed the most pressing problem, the “fundamental problem.'' ”
Sen. Tom Cotton (R-Ark.), who chairs the intelligence committee considering Gabbard's nomination, told Punchbowl that in a closed session, Hawaiians “required her to be reauthorized as a DNI in accordance with the law.” I pledged my support,” he said in a statement. ”
Gabbard's nomination is likely to be heard by the Intelligence Committee sometime next week and could be voted on by the full Senate sometime after President-elect Donald Trump takes office.
Republicans hold a 53-47 majority in the Senate, meaning Gabbard would only need to lose four Republican votes before her nomination is defeated.
Privacy hawks in the Democratic caucus, such as Sen. Ron Wyden (D-Ore.), may also rescue Gabbard, but none have publicly indicated any desire to do so.
“Questions have come up. Questions have come up,” Sen. Mark Warner (D-Va.), vice chairman of the Intelligence Committee, told reporters Tuesday after his meeting with Gabbard. .
In 2020, then-Democratic Rep. Ms. Gabbard introduced the bill. Ordered the Attorney General and the Director of National Intelligence to “destroy” information on Americans who were “swept” under the FISA program.
The intelligence-gathering tool, which Congress reauthorized last year and which informs much of the president's daily briefings, allows the FBI to collect emails, text messages and other data from potential foreign terrorists without the need for a warrant. will be available.
But critics say American citizens could be exposed to similar investigations if they come into contact with people under investigation.
President Trump, 78, led a revolt against the bill before it passed, calling on Republicans to “kill FISA.”
“It was used illegally against me and many others. They spied on my campaign!!!” FBI uses FISA powers to investigate 2016 allegations of collusion with Russia He slammed President Trump, noting that his abuse of the United States has been well-documented.
Gabbard's bill would also repeal the Patriot Act, which would explicitly prohibit intelligence agencies from collecting information from U.S. service providers such as Google and AT&T “without a valid warrant based on probable cause.” It prohibited the federal government from forcing U.S. companies to build “backdoors.” Access to personal devices and encrypted platforms.
In April, the FISA reauthorization bill passed the House on a bipartisan basis, but narrowly passed the Senate filibuster threshold of 60 votes, with supporters insisting that Section 702, which includes significant reductions in inquiries into U.S. citizens' data, would He advocated dozens of reforms.
But critics have focused on how the FBI has investigated Americans' data, with House Judiciary Committee Chairman Jim Jordan (R-Ohio) saying the FBI has investigated at least 278,000 times. It cited a filing with the Foreign Intelligence Surveillance Court in which it admitted it had improperly accessed information. Just in 2021.
These communications include Black Lives Matter-related protesters following the killing of George Floyd by Minneapolis police in May 2020, and Donald Trump, who was involved in the January 6, 2021 Capitol riot. It included improper surveillance of both supporters of the former president.
“The FBI wasn't even following its own rules when they conducted these investigations,” Jordan said during a floor debate on the FISA reauthorization bill. “That's why we need a warrant.”
The bureau claimed in March 2024 that a Section 702 information inquiry was made on a U.S. person. plummeted 98% Following the reform of internal processes.
Sen. Mark Wayne Mullin (R-Okla.) was asked Thursday about Gabbard's previous distrust of FISA, saying she, like other critics of the program, “started getting briefed every day.” He said the position was likely to “change.”
“But FISA has been abused, and FISA after President Trump has been abused,” Mullin added. “There are big problems with this and there needs to be some reforms and we have made some reforms on them. But not all MPs are receiving briefings that they are not privileged to. I think once you start, you're probably going to have that opinion, especially if she's doing it every day.”
Gabbard ran for president briefly and unsuccessfully two years ago, but will no longer be affiliated with the Democratic Party in 2022. She continued to support Trump, 78, at rallies weeks before the 2024 election.
Mullin said her confirmation hearing has been delayed by numerous questions from Democratic lawmakers.
“Democrats have chosen to bombard her and some of the other candidates with a tremendous amount of questions,” he said. “I was talking to her yesterday and they … submitted another 197 questions. … And they're going to sit there and complain that the paperwork is taking too long?
“They're trying to do everything they can to delay it,” he quipped. “It's a national security risk when they're doing this. The president of the United States needs to have advisors and cabinet members in place from day one, so why delay this is completely ridiculous.”
The Senate Intelligence Committee's first hearing of the 119th Congress will be on the nomination of former Rep. John Ratcliffe (R-Texas) to be Director of the Central Intelligence Agency. It is scheduled for January 15th.
