Former Rep. Tulsi Gabbard (Hawaii) faces a steep internal hurdle to clear the Senate Intelligence Committee, a preview of larger battles to come for President-elect Donald Trump’s nominee to serve as director of national intelligence.
Gabbard is one of several Trump nominees facing paperwork issues that are delaying her confirmation hearing, which has yet to be scheduled. Senate Intelligence Committee Chair Tom Cotton (R-Ark.) plans to issue the customary one-week notice for Gabbard’s hearing “the minute her paperwork is completed,” Cotton’s spokesperson Caroline Tabler told us.
That’s when the hard part begins.
Procedural hurdles: Republicans have a one-seat majority on the panel, meaning just a single GOP defection could prevent Cotton from being able to report Gabbard’s nomination to the floor favorably.
And the GOP side of the dais includes two senators who are seen by the leadership as swing votes on Gabbard’s nomination — Sens. Susan Collins (R-Maine) and Todd Young (R-Ind.).
Collins wouldn’t say whether she’s satisfied with Gabbard’s reversal on a key intelligence-gathering authority the Trump nominee previously opposed.
“I look forward to asking her about it at the hearing,” Collins told reporters, referring to Section 702 of the Foreign Intelligence Surveillance Act. Sen. James Lankford (R-Okla.), who now supports Gabbard, said the nominee’s views on Section 702 were among “several unresolved issues.”
It would be difficult — but not impossible — for Gabbard to advance to the Senate floor if she’s defeated in committee. Cotton could seek to report the nomination to the floor without a formal recommendation, which would allow the full Senate to eventually vote on Gabbard. But that would require a committee member who opposes Gabbard to switch their vote to allow the nomination to proceed.
GOP leaders could also hold a floor vote to discharge the nomination from the committee, but such a motion is debatable on the Senate floor, meaning it would require 60 votes.
The optimistic view: Gabbard’s team believes there’s a small number of Democrats who could support the former Hawaii congresswoman, including Sen. Jon Ossoff (D-Ga.), who sits on the Intelligence Committee and has met with her. Overall, Gabbard has met with five of the panel’s eight Democratic members.
But leadership sources in both parties say Gabbard is unlikely to attract any Democratic votes. That means she can’t lose more than three Republicans — if her nomination advances out of the Intelligence panel.
In the meantime, Gabbard is continuing her meetings on the Hill. She met with Avril Haines, the current director of national intelligence, last Friday and plans to meet with John Negroponte, the first-ever DNI, later this week.
More nomination news: We got an exclusive first look at HUD nominee Scott Turner’s opening statement ahead of his confirmation hearing. Turner will call for building “millions more homes of all kinds — single family, apartments, condos, duplexes, manufactured housing, you name it — so individuals and families can have a roof over their heads and a place to call home.”
And EPA administrator nominee Lee Zeldin, who has his confirmation hearing this morning, will tell the Senate EPW Committee this:
