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By Mae Slater on
 January 11, 2025

Tulsi Gabbard Reverses Position on Intelligence Act after Discussions With Republican Senators

Tulsi Gabbard, the nominee for Director of National Intelligence, has unexpectedly shifted her stance on a critical intelligence tool following concerted discussions with Republican senators.

Fox News reported that Gabbard, previously opposed to the re-authorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA), now supports it after citing recent reforms and GOP lobbying.

In a surprising development, President-elect Donald Trump's choice for Director of National Intelligence, Tulsi Gabbard, has reversed her previous opposition to Section 702 of FISA.

This portion of the act permits the U.S. government to conduct surveillance on foreign individuals outside the United States and is seen by many as crucial for national security.

Gabbard's change in position is notable given her prior stance as a Democrat in the House of Representatives, where she consistently opposed the re-authorization of Section 702. Her opposition was primarily due to concerns over inadequate protections for civil liberties, particularly regarding the misuse of warrantless search powers on American citizens.

Tulsi Gabbard Explains Her Stance Reversal

Upon announcing her support for the controversial section on Friday, Gabbard cited significant reforms made to FISA as influencing her decision to reassess her position. She engaged in discussions with several Republican senators who emphasized the importance of maintaining Section 702 for the country's security apparatus.

One of her key interlocutors was Sen. Tom Cotton, chair of the Senate Select Committee on Intelligence, who confirmed that Gabbard assured him of her support for the section as it is currently amended.

Cotton stated that Gabbard committed to following the law and supporting its reauthorization in her prospective capacity as Director of National Intelligence.

During this transition, Sen. James Lankford highlighted the importance of Gabbard's new position. Lankford emphasized that while in Congress, she had voted against the authority provided by Section 702 repeatedly, which posed a legitimate question regarding how she intended to handle this responsibility moving forward.

While some Republicans, like Sen. Lankford, have shown cautious optimism about Gabbard's reversal, others, like Sen. Mike Lee and Sen. Rand Paul, remain critical of the reauthorization process, particularly when lacking warrant requirements.

Lee suggested that voting to reauthorize without sufficient privacy safeguards is troubling, especially for those claiming to value the Fourth Amendment.

Sen. Paul echoed these concerns, emphasizing that under current provisions, Americans' communications are often unintentionally collected and stored in government databases without warrants. He argued that this places citizens' privacy rights in jeopardy.

These differing views among GOP senators underline the complexities surrounding the re-authorization debate, even as the majority pushes for national security through surveillance measures.

Concerns and Future Confirmations

Despite Gabbard's altered position, some skepticism lingers over her definitive change of heart regarding intelligence gathering.

A Republican Senate source expressed caution, noting that while party loyalty might influence her stance now, how this evolves in practice remains to be seen.

However, the conservative push to confirm all national security nominees by Trump's first day in office, led by Senate Majority Leader John Thune, indicates strong support from the majority of Republican senators.

The change in Gabbard’s stance was initially reported by Punchbowl News, emphasizing her reinforced commitment to balancing national security with constitutionally protected freedoms. The dialogues she engaged in displayed her dedication to safeguarding both through responsible use of new FISA provisions.

Gabbard's emphasis on ensuring civil liberties while maintaining essential intelligence capabilities is projected to be a focal point of her tenure if confirmed. She argues that the Foreign Intelligence Surveillance Act's unique abilities are indispensable for safeguarding the nation.

Written By:
Mae Slater

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