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Tulsi Gabbard questioned about Edward Snowden, surveillance law in confirmation hearing to be DNI

Takeaways from Tulsi Gabbard, Kash Patel confirmation hearings 02:26

What to know about Tulsi Gabbard's confirmation hearing: 

  • Tulsi Gabbard, President Trump's pick to be director of national intelligence, testified Thursday before the Senate Intelligence Committee at 10 a.m. for her confirmation hearing. 
  • Gabbard's nomination is in danger as she faces skepticism from senators over her decision to meet with Syrian dictator Bashar al-Assad in 2017, her past push to pardon National Security Agency whistleblower Edward Snowden, her comments about Russia's war in Ukraine and her past opposition to renewing a key government surveillance authority, known as Section 702 of the Foreign Intelligence Surveillance Act. 
  • Gabbard was questioned by Republicans and Democrats alike on her views of Snowden and whether she believes he was a traitor. She declined to say she believed he was a traitor, repeating that she felt he had broken the law and reiterating a point that she has made in the past, that he exposed practices that have resulted in the reform of 702.
  • Read more on the confirmation hearings Thursday for Robert F. Kennedy Jr., Kash Patel and a schedule of the hearings
  • Key moments from the hearing are below.
 

Cotton says he plans to hold committee vote on Gabbard "as soon as possible"

The public hearing wrapped after nearly three hours. Senators will now ask her questions in a closed session to allow for classified information to be discussed. 

Cotton said he planned to hold a committee vote on her nomination "as soon as possible." 

Senate Intelligence Committee Holds Confirmation Hearing For Tulsi Gabbard
Tulsi Gabbard, President Trump's nominee to be Director of National Intelligence, during her Senate  confirmation hearing on Jan. 30, 2025.  Daniel Heuer/Bloomberg via Getty Images

There are nine GOP members on the panel and eight Democrats. If all members of the committee are present, and all the Democrats vote "no," one more GOP vote against Gabbard would mean her nomination would not advance for a full Senate vote with a favorable recommendation. However, Democratic Sen. Jon Ossoff of Georgia did not attend the confirmation hearing, and if he does not vote, it would mean Gabbard could lose one Republican. 

Gabbard's nomination could be advanced with a neutral or negative recommendation, but it is not clear how her nomination would fare on the floor, either. If all senators are present and voting, and all Democrats oppose Gabbard, she can afford to lose the support of three Republicans.

By Caitlin Yilek
 

Snowden a hot topic, raised by Democrats and Republicans

Numerous senators — both Republicans and Democrats — have questioned Gabbard on Snowden and condemned the former NSA contractor's actions throughout the hearing. 

Republican Sen. Todd Young of Indiana noted that Snowden appeared to be watching the confirmation hearing. 

"For what it's worth, Mr. Snowden is watching these proceedings. He's posted on social media, even indicating that Tulsi Gabbard should indicate that I harm national security. This may be the rare instance in which I agree with Mr. Snowden," Young said. 

During the hearing, Snowden reshared a post he wrote in 2020 that said: "When a crooked politician calls me traitor, ask yourself: who did I betray? The courts have ruled repeatedly that the programs I revealed were unlawful, and likely unconstitutional — a violation of your rights. If this is treason, what they call loyalty is a crime." 

To the question, "is Edward Snowden a traitor," which came from both Democrats and Republicans on the committee, Gabbard declined to answer that he was, saying repeatedly that Snowden had broken the law.

By Caitlin Yilek
 

Gabbard says her skepticism of chemical weapons attacks was based on "conflicting information"

Gabbard told Democratic Sen. Mark Kelly of Arizona that she accepts the U.S. government's assessment that the Assad regime used chemical weapons against Syrian civilians, and her previous skepticism of who was responsible for the attacks was based on "conflicting information and evidence" that she was given at the time. 

Kelly did not fault her for seeking other sources of information, but he did express concern that she did not apply similar skepticism to the sources she cited outside the intelligence community.

By Caitlin Yilek
 

Kirsten Gillibrand asks Gabbard about TikTok

Democratic Sen. Kirsten Gillibrand of New York questioned Gabbard about her views on TikTok. 

"Your past statements have essentially said that requiring domestic ownership of TikTok is a violation of civil liberties and the national security concerns are complete BS," Gillibrand said. "Can you explain why you have this view on TikTok?" 

Gabbard said her position was "centered around the protection of Americans' First Amendment rights and the lack of data privacy legislation." 

"There were other provisions within that legislation that granted very vague and serious, grandiose authorities to the president on deciding which private companies are or are not a national security threat," she said. 

President Trump signed an executive order earlier this month directing the Justice Department to not enforce a law that effectively bans TikTok for 75 days. Many lawmakers and national security officials have warned that it poses a national security threat to the U.S. because of the amount of data TikTok's China-based parent company, ByteDance, collects on U.S. users. 

By Caitlin Yilek
 

Gabbard explains why she now backs surveillance law, FISA Section 702, as "essential for our national security," though she tried to repeal it

Gabbard said reforms made to a controversial surveillance law known as FISA Section 702 have allayed some of her past criticisms. She called it a "unique security tool and capability that is essential for our national security" and said "there are a number of areas that we would be blind from a national security perspective, without this capability." 

In Congress, Gabbard tried to repeal the controversial law, which was first authorized in 2008.  

U.S. officials say the surveillance tool is essential to protecting national security because it helps disrupt terrorist attacks, cyberattacks and espionage activities. The law authorizes the U.S. government's warrantless collection of communications of targeted foreign individuals overseas. It does not allow U.S. citizens to be targeted, but their communications are swept up when they are in contact with a targeted foreigner. 

According to the Office of the Director of National Intelligence, FBI searches of U.S. citizens' electronic data significantly dropped in recent years, from about 3 million in 2021 to about 57,000 in 2023. The decline followed a series of major reforms after lawmakers and civil liberties advocates accused the FBI of abusing its authority. 

The surveillance law was reauthorized for another two years in 2024 after months of clashes over whether the FBI should be required to obtain a warrant to search the collected data for Americans' information. 

By Caitlin Yilek
 

Gabbard declines to say whether Snowden is a "traitor"

Republican Sen. James Lankford of Oklahoma pressed Gabbard on whether she would characterize Snowden as a "traitor."

"Was Edward Snowden a traitor?" he asked. 

"Senator, my heart is with my commitment to our Constitution and our nation's security," she said, adding that she was committed to "making sure that there is no future Snowden-type leak." 

"Was he a traitor at the time when he took America's secrets, released in the public and then ran to China and became a Russian citizen?" Lankford asked. 

"I'm focused on the future and how we can prevent something like this from happening again," Gabbard said. 

Democratic Sen. Michael Bennet of Colorado followed up on the question. 

"Was Edward Snowden a traitor to the United States of America?" Bennet asked. 

Bennet raised his voice after Gabbard declined again to directly answer the question. 

"Is Edward Snowden a traitor to the United States of America? That is not a hard question to answer," he said. 

"I understand how critical our national security —" Gabbard said. 

"Apparently you don't!" Bennet said. 

By Caitlin Yilek
 

Heinrich asks Gabbard whom she blames for the war in Ukraine

Sen. Heinrich also asked Gabbard whom she blames for the war in Ukraine. 

"Putin started the war in Ukraine," Gabbard responded. 

She has previously suggested that Russia was justified in invading Ukraine over its concerns the country would join NATO, the western military alliance.

By Caitlin Yilek
 

Gabbard says she pressed Assad on use of chemical weapons when she met with him

Gabbard defended her secret trip to Syria in 2017, saying the U.S. "can benefit greatly by going and engaging boots on the ground, learning and listening and meeting directly with people, whether they be adversaries or friends."

Democratic Sen. Martin Heinrich noted that few details have been revealed about her meeting with Syrian dictator Bashar al-Assad in January 2017. 

"I asked him tough questions about his own regime's actions, the use of chemical weapons and the brutal tactics that were being used against his own people," Gabbard said. 

"Were you able to extract any concessions from President Assad?" Heinrich asked. 

"No, and I didn't expect to, but I felt these issues were important to address," she said. 

Upon her return from Syria, Gabbard's trip angered lawmakers who argued she was legitimizing the brutal dictator. She has said in the past she was "skeptical" about whether the Assad regime used chemical weapons to attack civilians and asserted that Assad was not an enemy of the U.S. "because Syria does not pose a direct threat to the United States." 

"When the opportunity arose to meet with him, I did so because I felt that it's important that if we profess to truly care about the Syrian people, about their suffering, then we've got to be able to meet with anyone that we need to if there is a possibility that we can achieve peace," she said in 2017.  

By Caitlin Yilek
 

Collins asks Gabbard if she ever met with Hezbollah

"As you know, there has been speculation in the press that you met with Hezbollah, a terrorist organization affiliated with Iran," Collins asked Gabbard. "Have you ever knowingly met with any members, leaders or affiliates of Hezbollah?"

"No. And it is an absurd accusation," Gabbard replied.

The New York Times reported that after Gabbard met with Syrian leader Bashar Assad, U.S. spy agencies had intercepted a call between two Hezbollah members that led some intelligence officials to assume she had met with a member of the terrorist group. She and those she travelled with denied this and said she had met with Lebanese officials and said the intelligence had been misinterpreted.

 

Gabbard: "Edward Snowden broke the law"

Gabbard distanced herself from her previous support of Edward Snowden, who she vowed to pardon during the 2020 presidential campaign. 

"Edward Snowden broke the law. I do not agree with or support with all of the information and intelligence that he released, nor the way in which he did it," Gabbard told Warner. 

Republican Sen. Susan Collins of Maine asked Gabbard whether she would "support or recommend a pardon or any kind of clemency" for Snowden. 

"If confirmed as the director of national intelligence, my responsibility would be to ensure the security of our nation's secrets, and would not take actions to advocate for any actions related to Snowden," Gabbard said. 

"So the answer is no, is that correct?" Collins asked. 

"Correct," Gabbard said. 

In 2020, Gabbard called for the dismissal of charges against Snowden, who leaked a trove of information on the U.S. government's top-secret mass surveillance programs. Snowden fled to Hong Kong and later Russia, where he lives in exile, after the leak.

"If it wasn't for Snowden, the American people would never have learned the NSA was collecting phone records and spying on Americans. As president, I will protect whistle-blowers who expose threats to our freedom and liberty," she wrote in 2019. 

Hours before the hearing, Snowden had a message for Gabbard: "Tulsi Gabbard will be required to disown all prior support for whistleblowers as a condition of confirmation today. I encourage her to do so. Tell them I harmed national security and the sweet, soft feelings of staff. In D.C., that's what passes for the pledge of allegiance," he wrote

By Caitlin Yilek
 

Gabbard says she'll pull security clearances of those who abuse past position, credentials

Cotton kicked off questions by invoking Hunter Biden's laptop. He cited the dozens of former intelligence officials who signed a 2020 letter that said the laptop controversy resembled a "Russian information operation." 

"Will you commit that no one who abuses his past position and credentials in this fashion will hold a security clearance in the future?" Cotton asked. 

"Yes," Gabbard responded. 

The Trump administration said earlier this month that it would revoke the security clearances of those who signed the letter. 

By Caitlin Yilek
 

Gabbard attacks "weaponization and politicization" of spy agencies

In her opening statement, Gabbard took aim at "faulty, inadequate or weaponized intelligence" that has led to "costly failures and the undermining of our national security and God given freedoms enshrined in the Constitution." 

She listed a number of examples to underscore her point, including the Iraq War, the investigations into the Trump campaign's collusion with Russia and Hunter Biden's laptop and the mass collection of Americans' phone and Internet records. 

"The bottom line is this: this must end," she said. "President Trump's reelection is a clear mandate from the American people to break this cycle of failure and the weaponization and politicization of the intelligence community and begin to restore trust in those who've been charged with the critical task of securing our nation." 

She also told the panel and the audience for the hearing, "I want to warn the American people who are watching at home, you may hear lies and smears in this hearing that'll challenge my loyalty to and my love for our country. Those who oppose my nomination imply that I am loyal to something or someone other than God, my own conscience and the Constitution of the United States."

By Caitlin Yilek
 

Richard Burr and Joni Ernst introduce Gabbard

Former Republican Sen. Richard Burr of North Carolina, who once led the Intelligence Committee, introduced Gabbard and decried "a coordinated effort to kill this nomination." 

"Media stories and anonymous rumors have questioned her qualifications for patriotism and whether she can be trusted, just to name a few," he said, adding that he refuses "to question the qualifications of a woman who's worn the uniform of her nation for 22 years." 

"If Tulsi is guilty of anything, it's since she was born, her views, opinions and beliefs have evolved to reflect her life's experiences," Burr added. 

Sen. Joni Ernst, an Iowa Republican, also made introductory remarks that commended Gabbard for her military service accomplishments and for becoming the youngest member to serve in Hawaii's statehouse when she was 21. 

"She upheld honor while breaking barriers, both in uniform and in her civilian leadership roles," Ernst said. "She put her own life on the line in combat operations, and now has set aside partisan differences as a former Democrat member of Congress to answer the call to serve in a Republican administration." 

By Caitlin Yilek
 

Ranking Member Mark Warner has "significant concerns" about Gabbard as DNI

Sen. Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, told Gabbard he has "significant concerns" about her judgment and qualifications to be DNI. 

"You have repeatedly excused our adversaries' worst actions. Instead often blamed them on the United States and those very allies," Warner said in his opening statement, pointing to her past statements on Russia's war in Ukraine and the U.S. assessment that Syria used chemical weapons against its own citizens. 

He argued that her statements could be detrimental to the United States' relationships with its allies. 

"Now I don't know if your intent in making those statements was to defend those dictators, or if you were simply unaware of the intelligence and how your statements would be perceived. In either case, at least for this senator, it raises serious questions about your judgment," he said. "It also leads me to question whether you can develop the trust necessary to give our allies confidence that they can share their most sensitive intelligence with us. Make no mistake about it – if they stop sharing that intelligence, the United States will be less safe." 

Warner also pointed to her positions on Edward Snowden and Section 702. He criticized Gabbard for declining to clarify her position on Snowden in pre-hearing questions and her reversal on opposing FISA 702. He said he does not find Gabbard's change of heart on Section 702 to be credible. 

By Caitlin Yilek
 

Chairman Tom Cotton: "Washington could use a little more unconventional thinking"

Sen. Tom Cotton of Arkansas, the Republican chairman of the Senate Intelligence Committee, opened Gabbard's confirmation hearing by noting that Gabbard has "unconventional views," but "Washington could use a little more unconventional thinking."  

"It's fair to say that Ms. Gabbard's nomination has generated a bit more interest and attention than do most nominees before this committee," Cotton said. 

Cotton addressed criticism of Gabbard, saying he was "dismayed by the attacks on Ms. Gabbard's patriotism and her loyalty to our country." 

"It's fine that we have differences of opinions on policies and programs. I suspect some of my Republican colleagues might disagree with some of Ms. Gabbard's votes in the House of Representatives, just as I suspect some of my Democratic colleagues might criticize Ms. Gabbard's statements and actions since she saw the light and left the Democratic Party. But I sincerely hope that no one today will impugn Ms. Gabbard's patriotism and integrity." 

By Caitlin Yilek
 

Who is Tulsi Gabbard?

Gabbard, a former Democrat who represented Hawaii in Congress from 2013 to 2021, is an unconventional pick to oversee the nation's 18 spy agencies. 

She served in the Army National Guard for more than 20 years,  but does not have a background in intelligence. 

The 43-year-old was born in American Samoa and grew up in Hawaii in a socially conservative household. She entered politics as a Democrat at age 21 when she was elected to the Hawaii statehouse, but was deployed to Iraq and left the position after a year. After a deployment to Kuwait, she won a seat on Honolulu's City Council in 2010. 

She became the first Hindu member of the House when she was sworn into Congress in 2013. She was also the first American Samoan elected to Congress. During her four terms in the House, Gabbard served on the Armed Services, Homeland Security and Foreign Affairs committees. 

Gabbard opted not to run for reelection to the House in 2020, instead launching a longshot bid for the Democratic presidential nomination. Two years later, she left the Democratic Party, saying that it was "under the complete control of an elitist cabal of warmongers." 

She endorsed Mr. Trump's bid for the White House last summer and was tapped to serve as co-chair of his transition team. 

Gabbard's decision to join the Trump administration marks the latest political shift for the former congresswoman. Early in her political career, she opposed gay marriage and condemned abortion. But while in Congress she voted to protect abortion rights and supported same-sex marriage. During the 2016 campaign, she gave a leadership position in the DNC to endorse Sen. Bernie Sanders, an independent from Vermont. 

By Caitlin Yilek
 

Why some senators are skeptical of Gabbard

Gabbard faces a narrow path to confirmation amid concerns over her decision to meet with Syrian dictator Bashar al-Assad in 2017, her past push to pardon National Security Agency whistleblower Edward Snowden, her views on Ukraine and her previous opposition to renewing a key government surveillance authority, known as Section 702 of the Foreign Intelligence Surveillance Act. 

Sen. Susan Collins, a Maine Republican, said Monday she's seeking clarity from Gabbard about her position on Section 702. Gabbard, who sought to repeal the controversial law that authorizes the U.S. government to collect the communications of foreigners abroad without a warrant, has since reversed her stance. In a statement to Punchbowl earlier this month, Gabbard said she now supports the surveillance authority, calling it "crucial" to protecting national security. 

In 2017, Gabbard made a secret trip to Syria and met with Assad. The trip faced an outcry from her fellow lawmakers, who argued it legitimized the brutal dictator. She also doubted whether the Assad regime was behind a chemical weapons attack on its own civilians. 

In 2020, Gabbard called for the dismissal of charges against Snowden, who  leaked a trove of information on the U.S. government's top-secret mass surveillance programs. Snowden, who was charged with espionage in 2013, has been living in exile in Russia. 

Gabbard drew further ire after Russia launched a full-scale invasion of Ukraine in 2022, when she made statements that were viewed by some as parroting Russian propaganda. 

Read more here

By Caitlin Yilek
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