Trump DNI Nominee Alters Stance on FISA Amid GOP Influence

 January 12, 2025

In a significant shift, Tulsi Gabbard, named by President-elect Donald Trump as the next Director of National Intelligence, has changed her position on a key intelligence provision known as Section 702.

Gabbard, who was nominated by Trump for a top intelligence role, has moved from opposing to endorsing Section 702 after recent engagement with GOP senators, emphasizing a balance between security and freedom, as Fox News reports.

During her tenure in the House of Representatives as a Democrat, Gabbard was known for her skepticism regarding Section 702 of the Foreign Intelligence Surveillance Act (FISA).

This law allows U.S. intelligence to collect data on foreign targets without a warrant and has been a subject of debate due to privacy concerns.

Gabbard Shifts Long-Held Perspective

As recently as 2018, Gabbard was vocal about her concerns, stating that Section 702 lacked adequate civil liberties safeguards.

The section permits the surveillance of foreign individuals, but critics argue it often results in the incidental collection of communications involving U.S. citizens, raising privacy issues.

Following her nomination by Trump, Gabbard's viewpoint on Section 702 has undergone a transformation. On Friday, she expressed newfound support, labeling it essential for foreign intelligence gathering, while promising to also uphold constitutional freedoms.

Conversations with Senators Influence Change

Republican senators, including Sen. Tom Cotton, the chair of the Senate Select Committee on Intelligence, played a significant role in influencing Gabbard's stance. Cotton confirmed receiving assurances from Gabbard, indicating her support for the recently amended Section 702 and her commitment to its reauthorization.

Sen. James Lankford also contributed to the discussion, pointing out Gabbard’s past opposition during her time in Congress. He acknowledged the change in her position, raising questions on how she intends to handle this responsibility as the future Director of National Intelligence.

Critics Question Reversal

Despite the transformation, some Republican senators have expressed skepticism over Gabbard's change of heart. Sen. Mike Lee criticized the lack of a warrant requirement in FISA's reauthorization, emphasizing that it is hard to defend without strong Fourth Amendment safeguards.

Similarly, Sen. Rand Paul highlighted concerns over the collection and retention of Americans’ data without a warrant under Section 702. He stressed the implications for privacy and the potential for misuse, a point often raised in debates about the provision.

Support from GOP Remains Steady

Despite these criticisms, Gabbard continues to enjoy broad support from GOP senators for her confirmation. The Republican Senate Majority Leader, John Thune, is eager to have Trump's national security team, including Gabbard, in place promptly on his first day in office.

A source within the Republican Senate has reportedly questioned the sincerity of Gabbard's stance change, considering her history of skepticism towards intelligence practices. Nevertheless, her commitment to upholding Americans' rights alongside national security has reassured some lawmakers.

Pledging to Protect Freedom and Security

Gabbard has stated that, if confirmed, she will work to balance the need for robust security measures with the duty to protect citizens' freedoms. She highlighted the unique capabilities of Section 702, emphasizing their importance in safeguarding the nation while also committing to upholding the Fourth Amendment rights of Americans.

In her recent remarks, she reiterated the dual responsibility of maintaining national security and constitutional freedoms, acknowledging the complex nature of the task at hand. This balancing act is central to her approach as she prepares for her potential future role.

Future of Section 702 Under Gabbard

The ongoing debate surrounding Section 702 and its reauthorization is likely to continue as Gabbard approaches her Senate confirmation hearings. Her recent change in position underscores the evolving nature of intelligence policies and the influence of partisan discussions on national security measures.

Gabbard's stance will be closely scrutinized, particularly regarding how she plans to implement and oversee Section 702 within the parameters of protecting civil liberties. As discussions progress, her assurances will play a significant role in determining the future landscape of U.S. intelligence collection practices.

Ultimately, Gabbard's new position places her at the heart of one of the nation's most contentious debates on surveillance, privacy, and security. Her ability to navigate these issues will be crucial as she seeks confirmation and prepares to assume a pivotal role in safeguarding the country’s intelligence operations.

DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News