Tag: FlipFlop

Tulsi Gabbard’s support for pardoning Edward Snowden made her one of Donald Trump’s more intriguing picks when she was nominated for director of national intelligence. It has also made her one of his most vulnerable.

Gabbard is set to face pointed questioning from Republican supporters of government spying powers at her confirmation hearing Thursday, and her answers will reveal whether she is willing to flip-flop to secure the post.

Will Gabbard, a former member of Congress who has a long history of switching positions and even parties, change her tune as she already has done on National Security Agency spy powers? The White House did not respond to a request for comment, but senators exiting a closed-door Intelligence Committee hearing Tuesday said to stay tuned.

“We have talked about it privately, and we will certainly talk about it publicly,” said Sen. James Lankford, R-Okla., who has called Snowden a “traitor.”

A Pardon Too Far

Trump has enthusiastically wielded his pardon Sharpie, but one name so far has failed to cross his desk.

For years, supporters of Snowden have urged presidents in both major parties to grant him a pardon in recognition of his consequential leaks in 2013, which revealed both the breadth of NSA spying and the way the government had warped the law to enable it.

Snowden, who has lived in Russia after receiving asylum there when his passport was revoked en route to Ecuador, was charged with Espionage Act violations that carry up to 30 years in prison. Those charges are still pending, despite several court rulings that the programs he revealed violated the law. As recently as last month, a judge ruled that one of the programs which Snowden helped to expose was unconstitutional.

In 2020, Trump mused about giving Snowden a pardon after previously calling him a “traitor,” but never followed through.

That same year, Gabbard co-sponsored with former Rep. Matt Gaetz, R-Fla., a resolution calling on the government to drop all charges against Snowden. After Trump granted his former national security adviser Mike Flynn a pardon, Gabbard urged him to pardon Snowden as well.

“Since you’re giving pardons to people, please consider pardoning those who, at great personal sacrifice, exposed the deception and criminality of those in the deep state,” she said.

Her position made her stand out from many members of Congress, according to Alex Marthews, national chair of Restore the Fourth, a nonprofit organization that opposes government spying and supports a pardon.

“She was not alone, but it was an unusual position to take. There was outrage on the part of many members of Congress at the programs that were revealed, but it was also politically convenient for them to decry the manner in which they have been revealed, even if there was no other realistic way that they would have been revealed,” he said.

Five years later, Gabbard’s call for mercy has become a cause for concern for Snowden’s many enemies on the Senate Intelligence Committee, long home to some of the most fervent surveillance supporters and Snowden haters. Committee member Sen. Susan Collins, R-Maine, who is considered one of the swing votes on Gabbard’s nomination, called her past support of Snowden a “concern.”

Lankford and Sen. Mark Kelly, D-Ariz., said Tuesday that the issue has come up repeatedly in closed-door meetings with senators, but both declined to describe her response.

“I don’t know anyone that it hasn’t come up with,” Lankford said. “I’m going to let her answer all of her own questions when she gets in front of us.”

Relief Still Sought

As recently as November, the New York Post reported that Gabbard still considered a pardon important and planned to push for it in office, citing “a person close to Gabbard.” However, New York Times reporting Wednesday suggests that she may distance herself from her past position.

Marthews said he hoped she would stay the course.

“He should not only be pardoned for what he did, he should be honored,” Marthews said.

Gabbard is also likely to face questioning over her position on one of the most controversial laws undergirding NSA spying, Section 702 of the Foreign Intelligence Surveillance Act.

That law allows the FBI to comb through the text messages, emails, and phone call records of U.S. citizens that the NSA has collected while picking up the communications of foreigners living abroad. Critics say the FBI should be required to get a warrant before searching those communications, and last month, a federal district judge agreed.

The surveillance supporters on the Senate Intelligence Committee have generally pushed back on a warrant requirement, falling in line with government officials such as former FBI Director Christopher Wray, who said last year that it would “blind” federal agents seeking to combat cyberattacks and terrorism.

Gabbard earlier this month issued a statement that did not directly address whether she supports a warrant requirement but reflected a softening of her past criticism of government surveillance. She called the intelligence-gathering program “crucial,” while adding that it “must be safeguarded to protect our nation while ensuring the civil liberties of Americans.”

One of the few Intelligence Committee members to support a warrant requirement, Sen. Ron Wyden, D-Ore., said he planned to focus on Gabbard’s position on that issue rather than Snowden.

“I’m trying to flesh out what her positions are on 702,” Wyden said.