Tulsi Gabbard Reverses Stance on Section 702, Supports Surveillance Act

Lt. Col. Tulsi Gabbard, President-elect Donald Trump’s pick for Director of National Intelligence, has reversed her position on Section 702 of the Foreign Intelligence Surveillance Act (FISA), a controversial warrantless surveillance authority. Once a vocal critic of the program, Gabbard now supports its reauthorization, a shift that has drawn sharp criticism and reshaped discussions about government surveillance.

Section 702 permits the U.S. government to monitor foreign nationals outside the country with the cooperation of electronic communication service providers. However, this provision also allows the collection of Americans’ communications if they interact with foreign targets. Critics argue this creates a backdoor to monitor U.S. citizens without warrants, a practice the FBI has been accused of abusing hundreds of thousands of times.

In her final days as a congresswoman representing Hawaii, Gabbard stood firmly against Section 702. She co-sponsored legislation with Rep. Thomas Massie (R-Ky.) to repeal the Patriot Act and dismantle the FISA Amendments Act of 2008, citing unconstitutional violations of Americans’ Fourth Amendment rights.

Gabbard’s criticism was unequivocal. “The Fourth Amendment of the Constitution very specifically prohibits unreasonable searches and seizures without a warrant based on probable cause,” she said in 2020. “Programs instituted through the Patriot Act and FISA have conducted mass illegal surveillance on Americans without warrant or probable cause.”

She echoed these sentiments years later at the Conservative Political Action Conference (CPAC), condemning politicians who, in her words, “vote on the side of the power elite and against liberty.”

However, Gabbard’s perspective shifted dramatically. Speaking to CNN last Friday, she defended Section 702 as “crucial for gathering foreign intelligence on non-U.S. persons abroad.” While acknowledging past abuses, Gabbard insisted that reforms enacted since her time in Congress adequately address concerns about Americans’ civil liberties.

“If confirmed as DNI,” Gabbard stated, “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.”

Her reversal has gained traction among Republican senators, including Oklahoma’s James Lankford, who described her change of heart as “a very important piece” for her confirmation.

“She voted against [Section 702] in the House when she was a member,” Lankford said on NBC’s Meet the Press. “But she now recognizes that reforms have been made to protect Americans’ civil rights.”

Sen. Tom Cotton (R-Ark.), chairman of the Senate Intelligence Committee, also voiced support for Gabbard, stating that she “will follow the law and support its reauthorization as DNI.”

Gabbard’s about-face has not gone unnoticed. Critics, including privacy advocates and civil libertarians, argue that the reforms she cited do little to curb the FBI’s misuse of Section 702. A 2023 report revealed that the FBI conducted at least 278,000 “unintentional” searches of Americans’ private communications between 2020 and 2021, targeting groups ranging from Jan. 6 protesters to Black Lives Matter activists.

Even former President Trump, who nominated Gabbard, previously called for Section 702 to be abolished. “IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS,” Trump said in 2024, urging Republicans to “KILL FISA.”

Despite Trump’s opposition, Gabbard’s endorsement of Section 702 appears aligned with a significant faction of the GOP. Republican senators joined forces with Democrats in April 2024 to reauthorize the program, defeating amendments aimed at strengthening privacy protections.

Gabbard’s new stance may smooth her path to confirmation as DNI, but it risks alienating supporters who admired her previous commitment to civil liberties. Her earlier advocacy against mass surveillance won her praise from libertarians and progressives alike, many of whom now view her shift as a betrayal.

For Gabbard, the stakes are high. Her confirmation would place her at the helm of America’s intelligence community, where she would oversee programs she once condemned.

The debate over Section 702 highlights the tension between national security and individual privacy. Proponents argue the surveillance authority is indispensable for combating foreign threats, while opponents warn of its potential to erode constitutional rights.

As Gabbard seeks to balance these competing priorities, her evolution on the issue serves as a microcosm of a larger struggle within American politics: the fight to reconcile security needs with the protection of civil liberties.

Whether her stance reflects pragmatism or political expediency, one thing is certain: Gabbard’s shift on Section 702 will continue to spark debate long after her confirmation process concludes.

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