Civil Liberties Groups to Senate: Upholding the Constitution Should Not Disqualify Nominees

We are civil liberties, human rights, and accountability organizations writing in advance of the Senate Select Committee on Intelligence hearing on Rep. Tulsi Gabbard’s nomination to be Director of National Intelligence. 

While we don’t have a unified stance for or against Rep. Gabbard’s nomination, we are deeply disturbed that Rep. Gabbard’s past support for civil liberties, including her defense of First and Fourth Amendment rights, has been cited as potentially disqualifying. We are particularly concerned with criticism of Rep. Gabbard’s

• Past opposition to the unconstitutional surveillance of Americans communications under §702 surveillance of the Foreign Intelligence Surveillance Act. Although Rep. Gabbard appears to have withdrawn her earlier defense of Americans’ Fourth Amendment rights, some committee members have indicated they remain concerned in spite of her reversal. 
• Support for whistleblower Edward Snowden, who worked with journalists to alert the American people about unconstitutional and illegal surveillance being carried out in secret. Snowden was charged under the Espionage Act.
• Opposition to charging WikiLeaks publisher Julian Assange under the Espionage Act, something that nearly every major newspaper editorial board and nearly all human rights, press freedom, and civil liberties groups agreed had wide-ranging ramifications for the future of press freedom.
• General support for reforming the Espionage Act to protect whistleblowers and journalists.

These are all principled positions in support of Americans’ constitutionally protected civil liberties. Furthermore, they are widely held by rights groups across the country; if these stances are disqualifying, no supporter of civil liberties could ever hold an intelligence community position.

The Senate Select Committee on Intelligence was created in response to revelations about shocking abuse by the intelligence agencies, including illegal domestic surveillance. The ensuing half century has consistently demonstrated that those fears are no less relevant today. 

Whatever conclusion one reaches about Rep. Gabbard’s overall fitness to serve as Director of National Intelligence, it is unfathomable that basic support for human rights and civil liberties should be disqualifying. In fact, consistent support for Americans’ Constitutional rights and opposition to the intelligence community’s abuses of powers should be lauded, if not required for the position.

Sincerely,

Defending Rights & Dissent

Freedom of the Press Foundation

Government Information Watch 

Restore The Fourth

Whistleblower & Source Protection Program (WHISPeR) at Expose Facts