Sen. Susan Collins, R-Maine, is not convinced Tulsi Gabbard, director of national intelligence nominee, has reversed course on her previous opposition to Section 702 of the Foreign Intelligence Surveillance Act, which allows the U.S. government to conduct surveillance on non-U.S. individuals outside the country, reported The Hill.
Gabbard, whose confirmation hearing is set for Thursday, can't afford to lose Collins' vote, as the Intelligence Committee has a 9-8 partisan split, meaning she can only afford to lose one Republican vote, assuming all Democrats vote against her.
"There are several questions I want to follow up on in the hearing," Collins told The Hill, "because I want to hear her unpracticed responses."
"But there are a lot of obvious issues," Collins added. "Her answers to the written questions were very hedged on it. I know there's been a lot of reporting that she's changed her position. That's not how I read her answers. I read them as, 'I'll take a look at the reforms and see if they meet my concerns.'"
Gabbard in 2020 proposed legislation to repeal Section 702. She has also voted against reauthorizing the program.
But recently she told Punchbowl News that the program is "crucial" and "must be safeguarded to protect our nation while ensuring the civil liberties of Americans."
"If confirmed as [intelligence director], 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.
She said her past 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."