Report: Gabbard Reverses on Intel Gathering Tool

As she faces a difficult confirmation process, former Hawaii Rep. Tulsi Gabbard, the nominee for director of intelligence, now she says she supports an intelligence gathering authority she previously tried to repeal, Punchbowl News reported.

Gabbard was a vocal critic of Section 702 of the Foreign Intelligence Surveillance Act, which gave Republican senators concern about whether she could be confirmed. Gabbard can only lose three Republicans if Democrats stand united in opposition.

Section 702 permits the U.S. to collect, without a warrant, the communications of non-Americans located outside the country for the purpose of gathering foreign intelligence.

In a statement to Punchbowl, Gabbard said Section 702 is "crucial" and "must be safeguarded to protect our nation while ensuring the civil liberties of Americans."

"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," Gabbard said.

In 2020, Gabbard, then a Democrat, introduced legislation to repeal Section 702 along with the Patriot Act, the Hill reported.

She explained her reversal by saying protections have been implemented to protect Americans' data.

"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," Gabbard said. "Significant FISA reforms have been enacted since my time in Congress to address these issues."

Senators had told Punchbowl that their meetings with Gabbard left them unsure on where she now stood on the program.

As director of national intelligence, Gabbard would need to certify the statute annually in order for intelligence collection to continue under the 702 program, Punchbowl reported.

Gabbard also faces skepticism from Republican senators over her views on Ukraine and trips to Syria and Lebanon while serving in Congress, Punchbowl reported.

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