Gabbard Flips, Now Supports Keeping Section 702
I’m furious.
Former Rep. Tulsi Gabbard, President-elect Donald Trump’s pick for Director of National Intelligence (DNI), now supports Section 702 of the Foreign Intelligence Surveillance Act (FISA).
Section 702 of FISA became official in 2008. Do you know what it contains? A provision that it should “be conducted in a manner consistent with the fourth amendment.”
Except it allows too much wiggle room that allows warrantless surveillance of Americans in America. (By the way, the Constitution applies to citizens no matter where the citizen is in the world.)
Nobody should be okay with this. Here’s a great summary (emphasis mine):
Although the law requires the government to direct this surveillance at people outside the United States, in practice, it routinely ensnares Americans. Section 702 allows the government to target any foreigner abroad for warrantless surveillance to obtain “foreign intelligence information.” The government’s targets need not have any connection to criminal activity or terrorism; they can be journalists, human rights workers, or businesspeople communicating about the “foreign affairs” of the United States. In the course of this surveillance, the government vacuums up—without a warrant—the communications of countless Americans who have texted, called, messaged, or emailed any one of hundreds of thousands of foreign targets.
In 2020, a month before she left Congress, Gabbard introduced legislation to repeal the Patriot Act and Section 702 months.
The legislation came months after the Ninth Circuit ruled that a “warrantless telephone surveillance program that secretly collected phone records of millions of Americans violated” FISA.
Gabbard applauded the ruling:
“Today’s court ruling reaffirms every American’s right to privacy found in the 4th Amendment to the Constitution,” said Rep. Tulsi Gabbard. “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.”
Well, Gabbard spoke to Punchbowl News:
In her first public comments since being nominated, Gabbard told us in an exclusive statement that she now supports Section 702, saying the program 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.
Why the change?
My lovely (sarcasm) senator James Lankford told The Wall Street Journal‘s opinion podcast that Gabbard could gain enough Republican confirmation votes by supporting Section 702. Via The Daily Beast:
“Well, now she’s going to be the spokesman for 702 authority,” said Lankford.
He added, “It’s a legitimate question just to say, ‘OK, how are you going to handle this? What does that mean?’ Because if she comes out and says, ‘No, I want to oppose all 702 authority,’ that literally shuts down all of our national defense gathering.”
Given how much Gabbard has flipped on her previous Democratic positions to join the Republican party and Trump’s MAGA movement, Lankford said he doesn’t think Gabbard will have a problem changing her mind.
“I’ve had an opportunity to be able to sit down with her, but she’s going to get a fair hearing to be able to put those things out there and to say, ‘This is what I believe about these issues’ And I think it’s the right thing to do,” Lankford told host Kim Strassel.
Sen. Tom Cotton (R-AK) told Punchbowl News that Gabbard said she would support Section 702:
Senate Intelligence Committee Chair Tom Cotton (R-Ark.) also sent us a statement Thursday night supporting Gabbard’s 702 stance — a key indicator of how the GOP leadership is thinking about her nomination.
“Tulsi Gabbard has assured me in our conversations that she supports Section 702 as recently amended and that she will follow the law and support its reauthorization as DNI,” Cotton said.
That last part is important because, if confirmed as DNI, Gabbard would need to certify the statute annually in order for intelligence collection to continue under the 702 program.
I sent the news to a few friends.
One told me, “Welcome to DC, where the minute you get a whiff of power…”
Yup. Once you get that whiff, you abandon all your principles.
In December, the House approved extending the warrantless surveillance under Section 702. The Senate approved the two-year extension in April 2024, and President Joe Biden signed it a few days later.
Many of you lashed out at the Republicans who approved it in my December 2023 blog.
I hope you’ll still lash out at them.
Do you think it would be any different under a Republican administration?
Warmongers in Congress love Section 702. They’ve also shown they don’t care about the Constitution, so why believe them when they say they can use Section 702 while honoring the 4th Amendment?
To make matters worse, the Supreme Court has declined to hear all cases challenging Section 702 of FISA.
The declassified decisions and opinions of cases regarding Section 702 of FISA are mostly blacked out.
Yes, you have to get them declassified.
They know it’s unconstitutional.
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Comments
😡🤨. maybe she’ll flip back once nominated? Doubt it.
IMO, one way to counter this is for Congress to make it explicit that consumer data; calls, texts, e-mail, geo location, banking/financial transactions, web sites visited and so on …all of it belongs exclusively to the consumer. That this consumer data may not be collected, bartered, sold or transferred without the permission of the consumer for each particular instance of data; IOW the consumer would have to receive in writing via us mail a request for every individual phone call, each bank transaction and so on, no blanket/universal waivers or terms of service. Gut the current business model for tech and data brokers and we preclude much of the ability for govt shenanigans…. but we won’t b/c too many big $ special interests will vigorously oppose it and neither Congress nor the Executive have the stones to tell them no.
Trump said he has a new name for her: “Flipper!”
Did he really?
I have to wonder, what does her opinion of Section 702 have to do with anything, anyway? She would have no power over it as DNI. It would be her responsibility to make sure that it did not violate Americans’ 4th amendment rights, but that has nothing to do with her opinion of the law, itself.
Look, Gabbard was never the best pick for this slot, anyway. She’s a filler, off sorts. I don’t think she is particularly skilled in intelligence, at any level – though she’s certainly better than any of the America-hating worms that the dems always have in that position.
And … Lankford is a lowlife slug. He needs to be salted and left in the sun. What a complete POS.
What is really needed is punishment for those who used these laws to violate Americans’ rights and to attack America, itself – and that includes the so-called FISC judges who claim that they were “duped” by deep state traitors to sign off on those warrants. That story is complete and utter BS. Those judges all knew and they were as dirty and responsible as anyone.
Oops … I missed the part where the DNI needs to recertify the law annually.
You can scrub that part from my comment 🙂
The other important point is that the DNI reports to and follows the directives of the President so if DJT doesn’t want this FISA abuse he can end it.
Hard to know. Why would any Republican support the continuation of Section 702, when it’s been used against Republicans?
It should be remembered, in the last reauthorization of FISA-702 congress exempted themselves from the warrantless search and surveillance system used by the U.S. Intelligence Apparatus. Congress forbids the FBI or any entity with access to the NSA database, from being allowed to use the process to search themselves or their staff.
https://theconservativetreehouse.com/blog/2025/01/10/tulsi-gabbard-now-supports-fisa-702-in-order-to-get-confirmed-as-director-of-national-intelligence/#more-268008
In order for digital ID and digital currency to work (to control people by government) Section 702 is a foundational requirement. No 702 support no confirmation vote allowed in the Senate by the Senate Intelligence Committee.
That Committee is the gatekeeper to DC’s Fourth Estate of government. Next up: watch how Patel will start singing a different tune if he really wants FBI Director.
I really don’t think he will…but, it’s possible. However, the FBI Director has a boss – the AG – and it’s really the AG who retains the power. Ultimately, the success or failure of the reform effort will be largely dependent on Pam Bondi’s resolve.
They all report to the unitary Executive DJT.
It appears it may not be possible to overstate the power of the Deep State.
All incoming politicos and bureaucrats (who matter) receive their “complimentary intelligence briefings” from the swamp, and walk out of that room with their brains essentially scooped out and replaced with pods.
This shit has to stop.
I don’t care if there are invincible space aliens, an international bureau of blackmailers, remote-controlled Chinese nukes under every US city, or Stacey Abrams really is the covert President of United Earth with her very own food replicator — keeping secrets from the citizens you serve has to stop.
We ARE the constitutional militia — there is no other.
Looks like the “six ways from Sunday” junta got to her.
Pull her nomination.
Any nominee would have to support 702 to get the votes, but once in the office, she can make changes hopefully
I like Tulsi in general but was never under the illusion she was right of center.
She always had the whiff of the rank opportunist to me. I don’t ever recall her saying anything especially intelligent. I won’t be surprised if she gets clipped and doubt DJT will care a whit.
never liked her. Quisling
All this brings to mind that we really need to overhaul the laws regarding privacy. The government has gained far too much power to collect far too much information about citizens. Whether it is Section 702, or FINCEN BOI, or financial transaction reporting by banks, privacy is under assault.