Tulsi Gabbard’s confirmation hearing to become Director of National Intelligence before the Senate Intelligence Committee was a bizarre kind of marriage between the Republican establishment and MAGA.
Joe Kent, the right-wing former congressional candidate from Washington State, arrived early while Jason Miller, one of president Donald Trump’s top campaign advisers, sat in the front row, while Ivan Raiklin, a pro-Trump activist, sat in the back.
And plenty of establishment Republicans showed up to vouch for her. Richard Burr, the former intelligence committee chair who led the investigation into Russia’s intervention in the 2016 presidential election, gave an introductory statement of support. Iowa Sen. Joni Ernst, a military hawk, also gave a statement.
Sen Tom Cotton, the chairman of the committee who is an outspoken military interventionist, said he agreed with Gabbard’s skepticism of military adventurism. Sen. John Curtis of Utah, who succeeded Gabbard critic Mitt Romney in the Senate, showed up to the hearing as well despite not being on the committee.
Plenty of Republicans welcomed the former Democratic congresswoman-turned-Trump-disciple, including people who served with her in the House like now-Sens. Ted Budd of North Carolina and James Lankford of Oklahoma.
Democrats for their part leaned heavily into asking about Gabbard’s remarks praising Edward Snowden. They also criticized her previous comments about the war in Ukraine and her visit to Syria to meet with now-deposed president Bashar al-Assad.
But the most important people to watch during the hearing were not the Democrats, who will likely uniformly vote against her, but two Republicans, namely Sen. Todd Young of Indiana and Susan Collins of Maine.
Earlier the week, Collins told The Independent that she had not been convinced by Gabbard’s words that she had changed her position on Section 702 of the Foreign Intelligence Surveillence Act (FISA). During her opening remarks, Gabbard directly addressed Collins.
Section 702 allows the government to gather foreign intelligence on non-Americans outside of the United States without a warrant. Civil libertarians argue that it violates civil liberties whereas conservatives and national security hawks say it is necessary to stop terror attacks.
“Senator Collins, you led the creation of ODNI specifically to address those intelligence failures of 9/11 and Iraq’s so-called-WMDs,” Gabbard said.
But that did not necessarily dull Collins’s questioning of Gabbard, specifically on the question of pardoning Snowden, who famously leaked information about domestic surveillance programs. As a result, Collins asked if Gabbard would support a pardon or any kind of clemency to the former NSA intelligence contractor-turned-whistleblower who fled to Russia.
“I 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. Collins asked her about legislation she introduced that would allow whistleblowers to disclose even top secret information and whether she still supported it.
“The intent of the legislation that you have pointed out was pointed towards ensuring due process for those who are charged under the Espionage Act in a court of law,” Gabbard responded. Collins ended her questioning by asking whether rumors that Gabbard met with Hezbollah were true, which Gabbard denied.
But if Gabbard seemed to at least quell some of Collins’s concerns, Young seemed like he wanted to give Gabbard the benefit of the doubt. But his questions were unanswered. Throughout much of the questioning, Young, a former Marine intelligence officer, furrowed his brow and kept his fingers on his chin. He asked her if she agreed with a report that said Snowden caused damage.
Again, Gabbard dodged, saying again that Snowden broke the law and she did not agree with how he disclosed the information.
“It’s notable, you didn’t say yes,” Young said, before following up a few times and noting that Snowden, who absconded to Russia in 2013, had posted on social media about the hearings.
“This may be the rare instance in which I agree with Mr. Snowden,” he said. “I think it would befit and be helpful to the first way you were perceived by members of the intelligence community, if you would at least acknowledge that the greatest whistleblower in American history–so called–harmed national security by breaking the laws of the land around our intelligence working.”
“I don’t know that there was really anything new there, except it was interesting to see my colleagues on the Republican side try to open the door with Edward Snowden that she really couldn’t walk through,” Democratic Sen. Martin Heinrich of New Mexico told The Independent.
Gabbard’s fate will likely be held behind closed doors, as is the general position of the Intelligence Committee. But if it comes out that Young and Collins opposed her nomination, that would likely cause enough cracks for other Republicans like Mitch McConnell, a longtime critic of Russia, Collins’ partner in moderation Lisa Murkowski of Alaska or Thom Tillis of North Carolina, who faces a tough re-election, to break away from her.
Regardless of what happens, it’s clear Gabbard has become a cause célèbre for many on the right, as conventional Republicans remain skeptical of her while the new Trumpian right supports her. As her confirmation hearing ended, she received an ovation from the crowd.