News: 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:
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.
GOP national security hawks in particular viewed this as problematic, we’re told, fueling renewed doubts about her confirmation prospects. Sen. James Lankford (R-Okla.), a member of the Senate Intelligence Committee, suggested on a WSJ podcast Wednesday that Gabbard should disavow her previous opposition to the 702 program.
Senate Intelligence Committee Chair Tom Cotton (R-Ark.) also sent us a statement Thursday night supporting Gabbard’s 702 stance — a key indicator of how the GOP leadership is thinking about her nomination.
“Tulsi Gabbard has assured me in our conversations that she supports Section 702 as recently amended and that she will follow the law and support its reauthorization as DNI,” Cotton said.
That last part is important because, if confirmed as DNI, Gabbard would need to certify the statute annually in order for intelligence collection to continue under the 702 program.
Next steps: Gabbard’s public statement is likely to reassure Republicans who are on the fence about her nomination. But there are a handful of other issues that have come up during her meetings with senators, including her views on Ukraine, as well as secret visits to Syria and Lebanon while serving in Congress.
There’s also the fact that Gabbard’s foreign policy views are anathema to Republicans, particularly defense hawks. Gabbard isn’t expected to get any Democratic votes, so she can’t afford to lose more than a few Republicans.
Senate GOP leaders were hoping to schedule Gabbard’s confirmation hearing for next week, but paperwork-related delays have caused that to slip, likely into the following week. The Intelligence Committee is instead starting with former Rep. John Ratcliffe’s nomination to serve as CIA director.
More news: Gabbard is scheduled to meet with Director of National Intelligence Avril Haines today at ODNI headquarters, we’re told. Gabbard’s meetings with senators will resume next week.
