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Gabbard Reverses Stance on FISA as Confirmation Looms

Former Rep. Tulsi Gabbard is now a registered Republican and, if confirmed, will have a rather significant post in the Trump administration.  

Throughout her career, Gabbard has fought against FISA warrants, but with this being an issue that could block her confirmation, she is suddenly reversing her stance.  

The Old Tulsi Gabbard 

In September 2020, the 9th Circuit Court of Appeals ruled that warrantless telephone surveillance that was collecting call records of millions of Americans was a violation of the Foreign Intelligence Surveillance Act (FISA). This, if you recall, was also used to spy on the Trump campaign regarding the Russian collusion allegations.  

At the time, Gabbard stated, "Today's court ruling reaffirms every American's right to privacy found in the 4th Amendment to the Constitution. This flagrant government overreach through this NSA program and others show that we cannot stand idly by as our freedoms are undermined, even by entities within our own government. We must stand vigilant and fight for those freedoms.  

“We must hold those responsible accountable for their abuse of power, and protect brave whistleblowers who expose them. We should never be presented with the false choice of freedom or security. We deserve better from our leaders -- that they uphold our freedoms and work to secure our nation." 

Throughout her congressional career, Gabbard fought to narrow the scope of FISA, believing it regularly violated our right to privacy.  

Gabbard Struggling for Support 

I know a lot of Republicans are excited about the idea of having Gabbard in the GOP, but I am not one of them. I loved her as an independent and Democrat pushing back against liberals, but she still has a lot of liberal ideologies, which is why I think she served this country better as an independent.  

While Trump supporters are excited about Gabbard serving as Trump’s Director of National Intelligence, there are some real concerns about previous positions she has taken, and I am not just talking about her FISA stance. 

In the early stages of her vetting, few were impressed, with there being a general feeling that she thought she had this in the bag. One source stated, “She was proving to be a little shallow, like a House member talking at a hearing and not someone who needs to provide the president’s daily intelligence briefing.” 

While I was very much for Gabbard being appointed to head Veterans Affairs, DNI is not something I can get behind because of her experience. I want qualified officials in these posts, and I just don’t think this is a good fit. One GOP aide had concerns along these lines, stating, “They’ve got to get her up to speed really quickly. … She’s just not educated on the job. But I feel she can get it done, ultimately.” 

The Gabbard Reversal 

With pressure from the GOP, Gabbard is now suddenly reversing her opinion on FISA Section 702 re-authorization, something she fought against virtually her entire congressional career.  

On Friday, Gabbard stated that this "is crucial for gathering foreign intelligence on non-U.S. persons abroad." She went on to explain her position, stating, "My prior concerns about FISA were based on insufficient protections for civil liberties, particularly regarding the FBI's misuse of warrantless search powers on American citizens.  

“Significant FISA reforms have been enacted since my time in Congress to address these issues. 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.” 

That statement is complete and utter nonsense because the only real change to the legislation was that it was a two-year renewal instead of the usual five when it was renewed in 2024. Having said that, Republicans will now have a chance to overhaul the bill during Trump’s time in office, but make no mistake about it, FISA has remained virtually unchanged, which just makes me trust Gabbard even less with her explanation on her reversal.  

By
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January 13, 2025
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