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Tulsi Gabbard Flip-Flops on Warrantless FISA Spying Against Americans

Today, America’s four-year nightmare of not having anyone running the country will come to an end. The reign of the Dementia Potato is ending and Donald J. Trump is being sworn in as the 47th president. Hallelujah!

That also means that confirmation fights for Trump’s cabinet nominees will be happening. Some have already had their hearings, but there are many more still to go.

We need to approach this with open eyes. Some of Trump’s picks are going to disappoint us. Some are going to betray the MAGA movement. Tulsi Gabbard, for example, has suddenly done a total flip-flop on the federal government’s ability to spy on you without a warrant.

The Foreign Intelligence Surveillance Act (FISA) is the mechanism that Barack Obama used to spy on the Trump campaign. People in permanent Washington will tell you that FISA Section 702 is a “necessary evil” so that foreign bad guys won’t get you. They argue that if they’re not allowed to spy on foreigners without a warrant, which may “incidentally” pick up the private conversations of Americans, we’ll all die or something.

 

Tulsi Gabbard has been one of the few elected Representatives in Congress who has spoken out against warrantless spying on Americans. When she was in the House, she supported legislation to abolish FISA-702. If the government wants to spy on an American, she always reasoned, they needed to get a warrant. Period. It says so right in the Fourth Amendment.

Out of all of Trump’s cabinet picks, Tulsi Gabbard faced the greatest uphill battle. Democrats hate her, but their votes don’t matter in this context. Republicans have control of the Senate now, so the Democrats’ arguments are moot. But Trump’s cabinet choices can only handle a small number of defections—and nearly every Republican Senator (excluding Rand Paul and Mike Lee) supports warrantless spying on Americans.

As a reminder, FISA-702 was the mechanism that James Comey used to spy on the Trump campaign in 2016. While working as a spy for America, Carter Page had spoken to some Russians during his career. He did this for the CIA. Comey claimed that Page was a “Russian asset” and the FBI falsified information and took it to a FISA court to spy on Carter Page.

The rules under FISA allow an intel agency to take six “hops” from the main target. Even though the initial warrant was against Carter Page, the FISA rules allowed the FBI to spy on anyone Page talked to—up to six hops away from Page. If Carter Page spoke to Steve Bannon and Bannon spoke to Donald Trump and Donald Trump spoke to Don, Jr., then the FBI could spy on each and every one of them without a warrant under FISA-702.

The FBI spied on every member of the Trump family in 2016, including 10-year-old Barron. They spied on every single person associated with the Trump campaign. They did all this without a warrant because of FISA-702, which Tulsi Gabbard used to oppose.

Not anymore! Tulsi Gabbard was seeing more opposition to her nomination than any other Trump cabinet choice this year. She was the most likely not to be confirmed by the Senate, because so many GOP Senators are controlled by the intel agencies. The intel agencies opposed Tulsi Gabbard becoming Trump’s Director of National Intelligence and the main reason was her opposition to FISA-702.

That’s the problem in a nutshell, but Tulsi Gabbard has now done a complete flip-flop. One of the specific reasons why Trump chose her for that position was because Tulsi was opposed to warrantless spying on Americans.

It’s disappointing, but we have to expect these setbacks. Some of the people in Trump’s orbit are going to betray him. We knew this, right? Vivek Ramaswamy and Elon Musk have both sh*t the bed on mass immigration over H-1B visas. Fortunately, they don’t have any say over immigration policy in the roles at the Department of Government Efficiency (DOGE). Unfortunately, Tulsi Gabbard will have influence over the intelligence agencies—or she would have if they had not successfully turned her against the MAGA movement.

Now that Tulsi is willing to betray the Constitution and the Fourth Amendment protections that are owed to Americans, all the worst GOP Senators suddenly support her nomination to DNI. She’ll be confirmed now. The question is how long she’ll last in the Trump administration after showing her true colors.


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