Former Rep. Tulsi Gabbard (Hawaii), President-elect Donald Trump’s nominee for director of national intelligence, is changing her tune on a key intelligence-gathering authority she once sought to repeal as her Senate confirmation hangs in the balance.
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.
However, Gabbard now appears to be walking that back, citing Fourth Amendment protections implemented since then to prevent 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. Significant FISA reforms have been enacted since my time in Congress to address these issues.”
Inside Gabbard’s Senate meetings: Multiple senators from both parties who met with the former Hawaii lawmaker in recent days told us they emerged from those sessions unsure about Gabbard’s position on the 702 program. During these meetings, senators have pressed Gabbard on her previous public statements on the issue, as well as her votes against 702 reauthorization throughout her eight years in Congress.