GOP lobbying prompts Tulsi Gabbard to reconsider stance on controversial intelligence tool.
FISA re-authorization was previously opposed by Gabbard.
President-elect Donald Trump's pick for Director of National Intelligence (DNI), Tulsi Gabbard, has changed her stance on a contentious issue following pressure from Republican senators.
On Friday, Gabbard stated that she considers section 702 of the FISA Act to be essential for obtaining foreign intelligence on individuals outside the United States.
While serving as a Democrat in the House of Representatives, she had previously opposed the re-authorization of FISA section 702.
"On the House floor in 2018, she emphasized the importance of striking a balance between national security and protecting our constitutionally protected freedoms. She urged us to make a critical choice and vote to keep our country safe while upholding our constitutional rights, which have been fought and died for by many."
In a statement made by a Trump transition spokesperson, Gabbard emphasized the importance of safeguarding a unique capability that cannot be replicated, in order to protect the nation while ensuring the civil liberties of Americans.
As DNI, I will ensure that Americans' Fourth Amendment rights are upheld while maintaining vital national security tools like Section 702. 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. Significant FISA reforms have been enacted since my time in Congress to address these issues.
Punchbowl News first reported the change in Gabbard's views on a crucial national security matter.
Multiple Republican senators argued to her the significance of FISA's section 702.
According to Sen. Tom Cotton, R-Ark., chair of the Senate Select Committee on Intelligence, Tulsi Gabbard has assured him that she supports Section 702 as recently amended and will follow the law and support its reauthorization as DNI.
During her meeting with Sen. James Lankford, R-Okla., one GOP aide highlighted the significance of the authority granted by section 702 and emphasized the importance of Gabbard's understanding of it.
In a podcast interview with the Wall Street Journal's Kim Strassel, Lankford discussed some issues that people aren't discussing regarding Trump's picks, including Gabbard's stance on section 702.
"She has consistently voted against 702 authority in Congress. Now, she will be the spokesperson for it. It's legitimate to ask, 'How will you handle this?'" he inquired.
Trump's nominees are not being publicly opposed by other Republican senators, according to Lankford.
A lot of people are saying they want a fair hearing and for questions to be answered publicly.
Sen. Mike Lee, R-Utah, wrote on X that voting to reauthorize FISA 702 without a warrant requirement is difficult to defend, and those casting such votes—especially if they purport to care about the Fourth Amendment—are criticized by him.
In 2023, Sen. Rand Paul, R-Ky., stated that the use of 702 results in the collection and storage of Americans' communications content and metadata in government databases without a warrant. Law enforcement agencies can then access these communications without a warrant.
While these Republicans may not be as pleased with Gabbard's change of heart, there is no evidence to suggest that it will negatively impact their support for her at this time.
One Republican senate source questioned the authenticity of Gabbard's new stance, stating that she has consistently been a critic of intelligence gathering. They believed it is unlikely that she has undergone a complete change of mind.
According to a GOP Senate source, conservative senators are optimistic about confirming Trump nominees on the day Senate Majority Leader John Thune, R-S.D., is sworn into office.
The group wants all national security nominees confirmed on Trump's first day, they stated.
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