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Tulsi Gabbard Expresses Support for Divisive Surveillance Legislation


Tulsi Gabbard has previously voiced her opposition to Section 702, arguing that it allows the government to ‘trample’ on civil liberties.

WASHINGTON—Former Representative Tulsi Gabbard from Hawaii, who is President-elect Donald Trump’s proposed nominee for director of national intelligence, declared on January 10 that she now endorses the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA)—a contentious law that has faced criticism from both the left and right, despite her earlier opposition.

Section 702 permits U.S. intelligence agencies to conduct bulk data collection from foreign targets via extensive surveillance programs; this often includes the non-public data of U.S. citizens and individuals within the United States. Generally, the U.S. Constitution’s Fourth Amendment mandates that the government secure a warrant for such surveillance on specific targets.

Opponents of Section 702 argue that its provisions compromise the civil liberties of activists and dissidents. Additionally, conservatives have condemned the statute, particularly after its application in 2016 to monitor Trump campaign aides amid investigations into Russian interference.

Gabbard has long been critical of Section 702, including during her tenure in Congress as a Democrat. She transitioned to the Republican Party last year.
“[T]he civil liberties of the American people have been trampled on under Section 702’s blank check … [it’s] enabled our government to gather, keep, and scrutinize communications of average Americans without a warrant, disregarding our Fourth Amendment rights,” Gabbard tweeted in 2018.

On Friday, she remarked that, since her prior criticisms, “significant reforms to FISA have been established to tackle these concerns.”

“Section 702, unlike other FISA authorities, is essential for collecting foreign intelligence on individuals located outside the U.S. This unique ability cannot be duplicated and needs to be protected,” Gabbard stated in regard to her changed stance.

Her change in position, aligning with her efforts to seek support from Senate Republicans—many of whom advocate for Section 702—was met with backlash from both progressive and conservative factions opposed to the statute.

This exemplifies how Washington operates: GOP Senators are informing Tulsi Gabbard that her only pathway to confirmation is to renounce her longstanding opposition to mass domestic surveillance by the FBI/NSA and pledge support for FISA Section 702,” noted Glenn Greenwald, an attorney and journalist who released documents from former NSA contractor Edward Snowden in 2013.
Sidney Powell, a conservative attorney who spearheaded Trump’s legal challenges to the 2020 election outcome, asserted“This is very concerning. The Senate Intelligence Committee should not dictate to the President or the nation.” 

Gabbard was a member of the House from 2013 to 2021 and served on the House Committees for Foreign Affairs, Homeland Security, and Armed Services, including the Subcommittee on Intelligence and Special Operations.

Since her nomination was announced, she has been actively engaging with Republican senators to garner their backing for her confirmation.



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