Gabbard Shifts Stance on FISA Section 702 Following GOP Senators' Lobbying

Created: JANUARY 26, 2025
Tulsi Gabbard

President-elect Donald Trump's nominee for Director of National Intelligence (DNI), Tulsi Gabbard, has revised her position on the contentious Foreign Intelligence Surveillance Act (FISA) section 702 after discussions with Republican senators. Gabbard now expresses support for this section, a reversal from her previous opposition during her tenure in the House of Representatives.

Gabbard's updated stance emphasizes the importance of section 702 for national security while also acknowledging the need to protect civil liberties. She explained that reforms implemented since her time in Congress have addressed her earlier concerns regarding the FBI's potential misuse of the act's powers. As DNI, Gabbard pledged to uphold Fourth Amendment rights while utilizing vital national security tools like section 702.

Donald Trump with Tulsi Gabbard

This shift in position, initially reported by Punchbowl News, follows conversations with several Republican senators who underscored the significance of section 702. Senator Tom Cotton, chair of the Senate Select Committee on Intelligence, confirmed Gabbard's support for the section and her commitment to its reauthorization. Senator James Lankford also discussed the matter with Gabbard, highlighting its importance and her future role in overseeing its application. Lankford had previously publicly questioned Gabbard's stance on section 702, given her past voting record.

Republican Arkansas Rep. Tom Cotton

While many Republicans support FISA, some, including Senators Mike Lee and Rand Paul, have voiced strong criticisms, citing concerns about Fourth Amendment protections and warrantless searches. Gabbard's revised stance may not resonate with these critics. However, there's no current indication that this will affect their support for her nomination.

Sen. Rand Paul talking

A Republican Senate source expressed skepticism about the genuineness of Gabbard's changed position, given her history of skepticism towards intelligence gathering. Despite this, Senate Majority Leader John Thune is reportedly keen to confirm Trump's nominees promptly, including all national security picks on his inauguration day.

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