Gabbard Flips, Now Supports Keeping Section 702

By Mary Chastain – Legal Insurrection

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.

I bought my welcome mat on Amazon. I suggest everyone buy it!