Sen. Ron Wyden, D-Ore., and Rep. Andy Biggs, R-Ariz., penned a letter to newly sworn-in Director of National Intelligence Tulsi Gabbard, warning that the United Kingdom's reported new order demanding backdoor Apple data jeopardizes Americans.

The letter, obtained by Fox News Digital, referenced recent press reports that the U.K.’s home secretary "served Apple with a secret order last month, directing the company to weaken the security of its iCloud backup service to facilitate government spying." The directive reportedly requires the company to weaken the encryption of its iCloud backup service, giving the U.K. government the "blanket capability" to access customers’ encrypted files. 

Reports further state that the order was issued under the U.K.’s Investigatory Powers Act 2016, commonly known as the "Snoopers’ Charter," which does not require a judge’s approval. 

"Apple is reportedly gagged from acknowledging that it received such an order, and the company faces criminal penalties that prevent it from even confirming to the U.S. Congress the accuracy of these press reports," Wyden and Biggs note. 

TULSI GABBARD SWORN IN AT WHITE HOUSE HOURS AFTER SENATE CONFIRMATION

The United Kingdom has been increasingly cracking down on British citizens for opposition commentary, especially online posts and memes opposing mass migration. As riots broke out in the U.K. last August after a mass stabbing at a Taylor Swift-themed dance event left three girls dead and others wounded, London's Metropolitan Police chief warned that officials could also extradite and jail U.S. citizens for online posts about the unrest. 

The letter, however, described the threat of China, Russia and other adversaries spying on Americans.

Wyden, who sits on the Senate Intelligence Committee, and Biggs, who chairs a House Judiciary subcommittee on Crime and Federal Government Surveillance, asked Gabbard to "act decisively to protect the security of Americans’ communications from dangerous, shortsighted efforts by the United Kingdom (U.K.) that will undermine Americans’ privacy rights and expose them to espionage by China, Russia and other adversaries." 

The Washington Post was among the outlets to report about the U.K. order. 

"These reported actions seriously threaten the privacy and security of both the American people and the U.S. government," Wyden and Biggs wrote. "Apple does not make different versions of its encryption software for each market; Apple customers in the U.K. use the same software as Americans. If Apple is forced to build a backdoor in its products, that backdoor will end up in Americans’ phones, tablets, and computers, undermining the security of Americans’ data, as well as of the countless federal, state and local government agencies that entrust sensitive data to Apple products." 

The letter also references a Chinese hacking operation known as "Salt Typhoon." Last year, the Biden White House admitted the Chinese hacked at least nine U.S. telecommunications companies. 

"The Salt Typhoon hack of U.S. telephone carriers’ wiretapping systems last year – in which President Trump and Vice President Vance’s calls were tapped by China – provides a perfect example of the dangers of surveillance backdoors," the letter says. "They will inevitably be compromised by sophisticated foreign adversaries and exploited in ways harmful to U.S. national security. As the Cybersecurity and Infrastructure Security Agency (CISA) and the FBI confirmed last November, People’s Republic of China (PRC)-affiliated actors were involved in ‘copying of certain information that was subject to U.S. law enforcement requests pursuant to court orders.’" 

TRUMP LANDS KEY TULSI GABBARD CONFIRMATION FOLLOWING UPHILL SENATE BATTLE

"While the U.K has been a trusted ally, the U.S. government must not permit what is effectively a foreign cyberattack waged through political means. If the U.K. does not immediately reverse this dangerous effort, we urge you to reevaluate U.S.-U.K. cybersecurity arrangements and programs as well as U.S. intelligence sharing with the U.K.," the letter says.

Citing a December 2023 report by the U.K. Parliament’s intelligence oversight committee, the letter states that the U.K. benefits greatly from a "mutual presumption towards unrestricted sharing of [Signals Intelligence]" between the U.S. and U.K. and that "[t]he weight of advantage in the partnership with the [National Security Agency] is overwhelmingly in [the U.K.’s] favour." 

"The bilateral U.S.-U.K. relationship must be built on trust. If the U.K. is secretly undermining one of the foundations of U.S. cybersecurity, that trust has been profoundly breached," Wyden and Biggs wrote. 

At her confirmation hearing, Gabbard stated that "backdoors lead down a dangerous path that can undermine Americans' Fourth Amendment rights and civil liberties." In written responses to senators' questions, she also said, "mandating mechanisms to bypass encryption or privacy technologies undermines user security, privacy, and trust and poses significant risks of exploitation by malicious actors."

"We urge you to put those words into action by giving the U.K. an ultimatum: back down from this dangerous attack on U.S. cybersecurity, or face serious consequences," Wyden and Biggs wrote.

The letter asks Gabbard specifically whether the Trump administration was made aware of the reported order, either by the U.K. or Apple, prior to the press reports and, if so, when and by whom. They also ask what the Trump administration's understanding is of U.K. law "and the bilateral CLOUD Act agreement with regard to an exception to gag orders for notice to the U.S. government." Wyden and Biggs asked what the Trump administration's understanding is "of its obligation to inform Congress and the American public about foreign government demands for U.S. companies to weaken the security of their products, pursuant to the CLOUD Act?" The letter asked that unclassified answers be provided by March 3. 

Fox News Digital reached out to Apple and the White House regarding the letter, but neither immediately responded.

President Donald Trump is on the cusp of seeing his 14th Cabinet member confirmed in former Democratic Rep. Tulsi Gabbard. 

Gabbard is slated for a final Senate confirmation vote to be Trump's director of national intelligence (DNI) after midnight in the early morning hours of Wednesday. 

This is when the 30 hours of post-cloture debate expires on her nomination. Frequently, the debate between the cloture motion and the final vote is minimized in what's referred to as a "time agreement" between Republicans and Democrats. But with the controversial nature of Gabbard's nomination and ongoing frustrations with the Department of Government Efficiency (DOGE) and its government audit, no such agreement is expected. 

NOEM, HEGSETH, BONDI PLEAD WITH CONGRESS FOR MORE BORDER FUNDING AMID LARGE-SCALE DEPORTATIONS

Gabbard is expected to be confirmed and has already amassed support from hesitant Republicans who voted against Trump's Defense Secretary Pete Hegseth, requiring Vice President JD Vance to break the tie in the upper chamber. 

Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, who are often considered the conference's moderate members, have both already come out in support of Gabbard. Both lawmakers voted against confirming Hegseth. 

LORI CHAVEZ-DEREMER: THE LITTLE-KNOWN TRUMP NOMINEE WHO MAY NEED TO RELY ON DEMS

Collins is a member of the Senate Select Committee on Intelligence and voted in favor of the nomination, helping advance it to the full Senate floor. 

Gabbard also snagged the backing of key Sens. Bill Cassidy, R-La., and Todd Young, R-Ind., despite the latter being uncertain before the committee vote. 

TRUMP NOMINEE TULSI GABBARD CLEARS LAST HURDLE, HEADS FOR FINAL CONFIRMATION VOTE

Young is also on the Intel Committee and ultimately voted to advance her to the floor, but only after some prodding and discussions with Chairman Tom Cotton, R-Ark., and Vance, who operated rigorous operations to ensure the nomination got through. 

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP'S DOGE AUDIT

Some concerns that followed Gabbard through her confirmation hearing were her past meeting with former Syrian President Bashar al-Assad, her previous FISA Section 702 stance and her past support for NSA whistleblower Edward Snowden. 

But these worries were apparently quelled by her answers and the persuasive support of both Cotton and Vance.

President Donald Trump's nominee to be Director of National Intelligence (DNI), Tulsi Gabbard, cleared her last procedural hurdle on Monday evening, paving the way for a final confirmation vote later this week. 

The motion passed by a vote of 52-46, along party lines. 

At one time considered perhaps the most vulnerable of Trump's picks, the former Democratic congresswoman got past another key vote, defeating the legislative filibuster's threshold on nominations.

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP'S DOGE AUDIT

The Monday vote's outcome was much more certain than that of her Senate Select Committee on Intelligence vote last week, which depended on a handful of senators who had potentially lingering concerns. 

TRUMP'S KEY TO CABINET CONFIRMATIONS: SENATOR-TURNED-VP VANCE'S GIFT OF GAB

But Republicans signaled confidence in her confirmation in the full Senate, evidenced by their slating it while Vice President JD Vance is in Europe representing the U.S. at events and meetings, and is not around to break a tie in the upper chamber. Vance notably had to break a tie to confirm Defense Secretary Pete Hegseth. 

The vote teed up a final confirmation vote on Wednesday, as Democrats are expected to use all 30 hours of post-cloture time to debate, rather than reaching a time agreement with Republicans to expedite it. 

INSIDE SEN. TOM COTTON'S CAMPAIGN TO SAVE TULSI GABBARD'S ENDANGERED DNI NOMINATION

Gabbard advanced out of the Senate Select Committee on Intelligence last week, snagging the support of crucial GOP Sens. Susan Collins, R-Maine, and Todd Young, R-Ind.

In a final vote, Gabbard can only lose 3 Republican votes, assuming she does not get any Democratic support, as was the case in the committee vote. 

LEADER THUNE BACKS SENATE GOP BID TO SPEED PAST HOUSE ON TRUMP BUDGET PLAN

Gabbard already has an advantage over Defense Secretary Pete Hegseth, as Collins supports her. The senator was notably one of three votes against Hegseth. 

Former Democratic congresswoman Tulsi Gabbard will face another test Monday night in the Senate as she hopes to be confirmed to one of the most important national security posts in the U.S. government. 

President Donald Trump's nominee to be Director of National Intelligence (DNI) will get a cloture vote at 5:30 p.m., when she will need to get more than 50 votes in order to advance to a final confirmation vote. 

If the cloture motion passes, there will be 30 hours of debate on the Senate floor. Frequently, the debate between the cloture motion and the final vote is minimized in what's referred to as a "time agreement" between Republicans and Democrats. But with the controversial nature of Gabbard's nomination and ongoing frustrations with the Department of Government Efficiency (DOGE) and its government audit, no such agreements are expected. 

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP'S DOGE AUDIT

This will set Gabbard up for a final confirmation vote on Wednesday at the earliest, when the 30 hours of debate expire. 

The nominee advanced out of the Senate Select Committee on Intelligence last week, snagging the support of crucial GOP Sens. Susan Collins, R-Maine, and Todd Young, R-Ind.

TRUMP'S KEY TO CABINET CONFIRMATIONS: SENATOR-TURNED-VP VANCE'S GIFT OF GAB

Her success on the cloture motion and with final confirmation are much more favorable than her initial odds in the Intel committee were. 

In order to get the support of all the committee's Republicans, Chair Tom Cotton, R-Ark., and Vice President JD Vance worked around the clock. Their conversations with committee members and tireless efforts were credited with getting her past the key hurdle. 

INSIDE SEN TOM COTTON'S CAMPAIGN TO SAVE TULSI GABBARD'S ENDANGERED DNI NOMINATION

In a final vote, Gabbard can only lose 3 Republican votes, assuming she does not get any Democratic support, as was the case in the committee vote. 

She already has an advantage over Defense Secretary Pete Hegseth, as Collins supports her. The senator was one of three votes against Hegseth. 

LEADER THUNE BACKS SENATE GOP BID TO SPEED PAST HOUSE ON TRUMP BUDGET PLAN

Despite the limited votes Gabbard can afford to lose, Republicans appear to be confident about her odds. This was signaled through the White House dispatching Vance to Europe for events and meetings during the time of Gabbard's cloture and confirmation votes. If Republicans expected to need Vance to break a tie in the upper chamber, they likely would not have slated her vote for this week. 

Sens. Lisa Murkowski, R-Alaska, and Bill Cassidy, R-La., both announced that they would vote to confirm former Rep. Tulsi Gabbard to serve as Director of National Intelligence.

In a party-line vote on Monday, Murkowski, Cassidy, and the other Republican senators who voted opted to move forward with the confirmation process by supporting cloture, while the members of the Senate Democratic caucus who voted opposed cloture. 

"I will vote to confirm Tulsi Gabbard as Director of National Intelligence," Murkowski declared in a post on X. 

TRUMP NOMINEE TULSI GABBARD CLEARS LAST HURDLE, HEADS FOR FINAL CONFIRMATION VOTE

"While I continue to have concerns about certain positions she has previously taken, I appreciate her commitment to rein in the outsized scope of the agency, while still enabling the ODNI to continue its essential function in upholding national security," the senator continued. 

"As she brings independent thinking and necessary oversight to her new role, I am counting on her to ensure the safety and civil liberties of American citizens remain rigorously protected."

Murkowski voted against confirming Pete Hegseth to serve as Defense Secretary last month. 

JOHN FETTERMAN REVEALS HOW HE'LL VOTE ON TRUMP'S TULSI GABBARD AND RFK JR. NOMINATIONS

"President Trump chose Tulsi Gabbard to be his point person on foreign intelligence," Cassidy said in a statement. "I will trust President Trump on this decision and vote for her confirmation."

Gabbard, who served in Congress from early 2013 to early 2021, announced in 2022 that she was leaving the Democratic Party. 

THE CONFIRMATION JUGGERNAUT: HOW TRUMP IS GETTING EVERYTHING HE WANTS IN BUILDING HIS CABINET

Last year she backed Trump in the 2024 presidential contest and announced she was joining the Republican Party.

Robert F. Kennedy Jr., Tulsi Gabbard and Kash Patel testified before Senate committees on Capitol Hill on Thursday as urgency builds to confirm President Donald Trump’s Cabinet nominations. 

Kennedy, Trump’s nominee for secretary of Health and Human Services (HHS), faced his second day of questioning on the Hill before the Senate Committee on Health, Education Labor & Pensions on Thursday. Kennedy clashed with Democratic senators over abortion and vaccines on Wednesday before the Senate Finance Committee, which will vote on his confirmation. 

RFK JR'S CONFIRMATION HEARING GOES OFF RAILS AMID MULTIPLE CLASHES WITH DEM SENATORS: ‘REPEATEDLY DEBUNKED'

Patel, Trump's nominee for FBI director, appeared before the Senate Judiciary Committee on Thursday, while Gabbard, Trump’s nominee for national intelligence director, appeared before the Senate Intelligence Committee. 

Also on Thursday, Trump’s nominee for Army secretary, Daniel Driscoll, the relatively unknown soldier and former advisor to Vice President JD Vance, fielded questions from the Senate Armed Services Committee. 

Once nominees have testified before relevant Senate committees, that panel votes on whether to recommend the nominee before the full Senate. Senate Majority Leader John Thune, R-S.D., can then file a motion to end Senate floor debate on the nominee, triggering a cloture vote to halt deliberations. Once debate closes, senators make final confirmation votes. 

‘LIES AND SMEARS’: TULSI GABBARD RAILS AGAINST DEM NARRATIVE SHE'S TRUMP'S AND PUTIN'S ‘PUPPET'

For confirmation, a nominee needs a majority in the Senate, or 51 votes. Vance can settle a tie vote, as was the case with Defense Secretary Pete Hegseth’s confirmation. 

Agriculture Secretary nominee Brooke Rollins, nominee for Commerce secretary Howard Lutnick, and nominee for Small Business administrator Kelly Loeffler have testified but await scheduling for Senate committee votes. Kennedy also awaits a vote by the Finance Committee as he testified before the Senate Committee on Health, Education, Labor and Pensions on Thursday. 

Elise Stefanik, nominee for United Nations ambassador, testified before the Foreign Relations Committee last week, and the committee voted to advance her nomination to the Senate floor on Thursday. 

SPARKS EXPECTED TO FLY AT KASH PATE'S SENATE CONFIRMATION HEARING TO LEAD FBI

After a boycott by Democrats on the committee, Senate Budget Committee Republicans voted to approve Trump’s nominee for director of Office of Management and Budget, Russ Vought, on Thursday. Thune scheduled Vought's procedural vote on the Senate floor for Monday night. 

Nominees for Secretary of the Department of Housing and Urban Development, Eric Turner; and for attorney general, Pam Bondi, have both been voted out of committee, passed the cloture vote, and await a vote on the Senate floor. Bondi's confirmation vote is scheduled for Monday night. 

Trump’s nominees for Energy Secretary nominee Chris Wright and Veteran Affairs Secretary Doug Collins passed their cloture votes on Wednesday and await confirmation vote on the Senate floor. Wright's confirmation vote is scheduled for Monday. 

As of Friday, the U.S. Senate has confirmed eight of Trump’s Cabinet nominations, including Secretary of State Marco Rubio, CIA Director John Ratcliffe, Defense Secretary Pete Hegseth, Homeland Security Secretary Kristi Noem, Treasury Secretary Scott Bessent, Transportation Secretary Sean Duffy, Environmental Protection Agency Administrator Lee Zeldin, and Interior Secretary Doug Burgum.

Tulsi Gabbard, President Donald Trump's director of national intelligence (DNI) pick, said the attack on Sept. 11 likely could have been prevented if not for government "stovepiping," where government officials deliver intelligence directly to high-ranking officials without broadening communications. 

"There's a general consensus that there was a massive intelligence failure," Republican Sen. Roger Wicker said during Gabbard's hearing regarding 9/11. "This caught us all by surprise, even though the the World Trade Center had been attacked earlier. Do you think stovepipeing was a problem in our intelligence failure?"

"There's no question about it, senator," Gabbard said before Wicker asked her to elaborate. 

"Senator, when we looked back at the post-9/11 reporting and the post-assessments that were made, it was very clear, that there was stovepiping of information and intelligence that occurred at many levels, at the highest, but also at the lowest levels," she said. 

'LIES AND SMEARS': TULSI GABBARD RAILS AGAINST DEM NARRATIVE SHE'S TRUMP'S AND PUTIN'S 'PUPPET'

"Information that was collected by the FBI, information that was collected by the CIA was not being shared. It was almost ships passing in the night where if there was an integration of those intelligence elements and information being shared, it is highly likely that that horrific attack could have been prevented," she said. 

TENSION BUILDS AROUND TULSI GABBARD’S CONFIRMATION WITH KEY GOP SENATORS UNDECIDED

Wicker pressed if the intelligence community could face another "stovepipe" issue in the future if plans to trim the DNI office of redundant jobs and increase efficiency, as Gabbard has said she will do, is put into effect. 

"And that's the reason, really, your position was created," Wicker told Gabbard after she said 9/11 likely could have been prevented. "There's been some discussion this morning, I again, have not been able to listen in, but I understand there's been some discussion about reforming the office of DNI, to eliminate redundancy and increase effectiveness. Do you worry that in doing so, we might be getting back to the same problem that we had in 2001?"

WASSERMAN SCHULTZ SPARKS BACKLASH FOR CLAIMING TULSI GABBARD IS A RUSSIAN ASSET

"The problem that we had in 2001, senator, remains at the forefront of my mind. And as you said, this is exactly why the ODNI was created. Given my limited vantage point not being in this seat, I am concerned that there are still problems with stovepiping that need to be addressed. And in some cases, my concern would be that unnecessary bureaucratic layers may be contributing to that problem. This is where coming in and being able to really take a fresh look, given my experience and my background, will be essential to making sure that the ODNI is accomplishing the reason why it was created in the first place," she responded. 

Gabbard was elected to the U.S. House representing Hawaii during the 2012 election cycle, serving as a Democrat until 2021. She did not seek re-election to that office after throwing her hat in the 2020 White House race. 

She left the Democratic Party in 2022, registering as an independent, before becoming a Republican this year and offering her full endorsement of Trump amid his presidential campaign before Trump named her his DNI pick.

She appeared before the Senate Intelligence Committee on Thursday as part of the last leg of her confirmation process. Fox News Digital reported ahead of the hearing that Gabbard does not currently have a majority of its members' votes, which are necessary to move to the full Senate, according to a senior Intel Committee aide. 

Fox News Digital's Julia Johnson contributed to this report. 

Director of national intelligence nominee Tulsi Gabbard shed further light on her 2017 meeting with then-Syrian dictator Bashar al-Assad, a trip that has come under the microscope since President Donald Trump nominated the former congresswoman. 

"There is not a great deal in the public record about what you and Syrian dictator Bashar al Assad discussed for so long in January of 2017. And I think there's a great deal of interest from the American people about what was discussed in that meeting. So what did you talk about? And did you press Assad on things like his use of chemical weapons, systematic torture and the killing of so many Syrians?" Sen. Martin Heinrich, D-N.M., asked Gabbard on Thursday. 

Gabbard, when she served in the U.S. House, traveled to Syria in 2017, when she met with the dictator, whose government was overthrown years later in 2024. The visit has become a focal point of Democrats' criticism of the DNI nominee, arguing the visit casts doubt on her worldview and judgment. 

'LIES AND SMEARS': TULSI GABBARD RAILS AGAINST DEM NARRATIVE SHE'S TRUMP'S AND PUTIN'S 'PUPPET'

"Yes, senator, I, upon returning from this trip, I met with people like then-Leader Nancy Pelosi, and Steny Hoyer, talked to them and answered their questions about the trip," Gabbard, who served in the U.S. House representing Hawaii from 2013 to 2021, responded. 

TENSION BUILDS AROUND TULSI GABBARD’S CONFIRMATION WITH KEY GOP SENATORS UNDECIDED

"And quite frankly, I was surprised that there was no one from the intelligence community or the State Department who reached out or showed any interest whatsoever in my takeaways from that trip. I would have been very happy to have a conversation and give them a back brief. I went with former Congressman Dennis Kucinich, who had been there many times before and who had met with Assad before. A number of topics were covered and discussed. And to directly answer your question, yes. 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."

Former Speaker of the House Nancy Pelosi also met with Assad in 2007, despite then-President George W. Bush's criticism of the visit at the time. 

WASSERMAN SCHULTZ SPARKS BACKLASH FOR CLAIMING TULSI GABBARD IS A RUSSIAN ASSET

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

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

"Just in complete hindsight, would you, would you view this trip as, good judgment?" the Senate lawmaker continued. 

"Yes, senator. And I believe that leaders, whether you be in Congress or the president of the United States, 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," Gabbard said. 

Gabbard is appearing before the Senate Intelligence Committee on Thursday as part of her nomination process to serve as director of national intelligence under the second Trump administration.

Director of National Intelligence nominee Tulsi Gabbard slammed the Democratic narrative that she is a puppet for U.S. and world leaders, saying she is loyal to only God, the Constitution and her own conscience in her opening remarks before the Senate Intelligence Committee on Thursday. 

"Before I close, I want to warn the American people who are watching at home. You may hear lies and smears in this hearing that will challenge my loyalty to and my love for our country," Gabbard said.

"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. Accusing me of being Trump's puppet, Putin's puppet, Assad's puppet, a guru's puppet, Modi's puppet, not recognizing the absurdity of simultaneously being the puppet of five different puppet masters," she continued. 

Gabbard appeared before the Senate Intelligence Committee on Thursday as part of her confirmation process to serve as director of national intelligence during President Donald Trump's second term. 

TENSION BUILDS AROUND TULSI GABBARD’S CONFIRMATION WITH KEY GOP SENATORS UNDECIDED

"The same tactic was used against President Trump and failed," she continued of the accusations against her. 

"The American people elected President Trump with a decisive victory and mandate for change. The fact is, what truly unsettles my political opponents, is I refuse to be their puppet. I have no love for Assad or Gadhafi or any dictator. I just hate al Qaeda. I hate that we have leaders who cozy up to Islamist extremists, minimizing them to so-called rebels."

TRUMP APPOINTS TULSI GABBARD AS DIRECTOR OF NATIONAL INTELLIGENCE: ‘FEARLESS SPIRIT’

Gabbard was elected to the U.S. House representing Hawaii during the 2012 election cycle, serving as a Democrat until 2021. She did not seek re-election to that office after throwing her hat in the 2020 White House race. 

Gabbard left the Democratic Party in 2022, registering as an independent, before becoming a member of the GOP this year and offering her full endorsement of Trump amid his presidential campaign before Trump named her his DNI pick. 

WASSERMAN SCHULTZ SPARKS BACKLASH FOR CLAIMING TULSI GABBARD IS A RUSSIAN ASSET

"If confirmed as director of national intelligence, I will continue to live by the oath that I have sworn at least eight times in my life, both in uniform, as and as a member of Congress. I will support and defend our God-given freedoms enshrined in the Constitution of the United States against all enemies, foreign and domestic. And I will bear true faith and allegiance to the same," she said. 

Tulsi Gabbard doesn't currently have enough votes to advance out of the Senate Select Committee on Intelligence, Fox News Digital has learned. 

The former Democrat representative's nomination to be director of national intelligence (DNI) under President Donald Trump is in danger as she lacks enough Republican support on the committee, sources confirmed.

Before heading to the Senate floor for a confirmation vote, Trump's picks all have hearings and their nominations are voted on at the committee level. Gabbard's confirmation hearing will take place at 10 a.m. Thursday.

SCOOP: KEY GOP SENATOR WHO HESITATED ON PETE HEGSETH PUSHES KASH PATEL FOR FBI

So far, no Trump nominees have failed to advance out of their respective committees. 

A senior Intel Committee aide confirmed to Fox News Digital that Gabbard does not currently have a majority of its members' votes, which are necessary to move to the full Senate. 

According to the source, half of the Republicans on the coveted committee are not sold on Trump's DNI pick. 

A Senate source familiar told Fox News Digital, "Some members are undecided."

"Not true that [they] are NOs," they clarified. 

The source confirmed that the undecided senators in question are Republicans. 

'SQUEEZED BY RISING COSTS': DEMOCRAT JACKY ROSEN LEADS BIPARTISAN BILL TO ADDRESS CHILDCARE AFFORDABILITY

A spokesperson for Gabbard told Fox News Digital in a statement, "Anonymous sources are going to continue to lie and smear to try and take down the President’s nominees and subvert the will of the American people and the media is playing a role in publishing these lies. That doesn’t change the fact that Lt. Col. Gabbard is immensely qualified for this role and we look forward to her hearing."

The senior committee aide shared that the reasons for GOP uncertainty include her previous Section 702 stance, her past meeting with former Syrian President Bashar al-Assad and her past defense of Edward Snowden.

"It’s about judgment," they said. 

Gabbard will likely need every Republican vote to move past the committee, assuming Democrats will vote against her. 

DOGE CHAIR JONI ERNST TAKES ON FOOD STAMPS IN NEW BILL TO HOLD STATES 'ACCOUNTABLE'

Sen. Tom Cotton, R-Ark., serves as chair of the committee alongside other Republican members Jim Risch of Idaho, Susan Collins of Maine, John Cornyn of Texas, Jerry Moran of Kansas, James Lankford of Oklahoma, Mike Rounds of South Dakota, Todd Young of Indiana and Ted Budd of North Carolina.

Lankford recently came out in support of Gabbard after she reversed her position on a controversial intelligence gathering tool known as Section 702 of the Foreign Intelligence Surveillance Act.

Neither the White House nor Cotton's office provided comments to Fox News Digital in time for publication. 

Fox News Digital reached out to multiple Republican Senate offices for comment. 

SENATE TO KICK OFF RFK JR, KELLY LOEFFLER CONFIRMATION HEARINGS FOR TOP TRUMP POSTS

As Gabbard's confirmation fate hangs in the balance, there is reportedly a push by some Trump-aligned Republican senators to waive the committee's rules in order to open the vote on Gabbard's nomination, as Politico reported. This would mean each senator's vote is accessible to the public. 

The Intel Committee's rules stipulate that the vote is conducted in a closed meeting and a tally is released afterward. The vote is expected to go forward in a closed manner, in accordance with the rules.

Two of President Donald Trump's most vulnerable administration picks will get back-to-back confirmation hearings in the Senate this week. 

Robert F. Kennedy Jr., who Trump nominated to be Secretary of Health and Human Services (HHS), and former Democratic Rep. Tulsi Gabbard, whom he selected to be Director of National Intelligence (DNI), will have committee confirmation hearings on Wednesday and Thursday. 

REPUBLICANS REACT TO PETE HEGSETH'S CONFIRMATION AS DEFENSE SECRETARY: ‘HE IS THE CHANGE AGENT’

On Wednesday, Kennedy will have his first hearing with the Senate Finance Committee, who will eventually vote on whether to advance his nomination to the full Senate. He will have an additional hearing on Thursday with the Senate Committee on Health, Education, Labor and Pensions (HELP), but that committee will not have a vote on the nomination. 

Gabbard's hearing with the Senate Select Committee on Intelligence will take place Thursday morning. 

The two Trump picks were some of the more controversial administration selections. Both Kennedy and Gabbard are former Democrats with histories of policy positions that clash with what many Republican senators believe. 

At issue for lawmakers on both sides is Kennedy's history of significant criticism of vaccines and vaccination programs. For some Republicans whose states have a large farming constituency, his positions on further regulating agriculture and food production have been cause for concern. 

TIM SCOTT EMPHASIZES 'RESULTS' OVER RECONCILIATION PROCESS AS HE STAYS OUT OF DEBATE

Gabbard's past policy stances as they relate to national security have given bipartisan lawmakers some reason for pause, since the role she is nominated for is critical to the nation's safety and defense. 

Both of the nominees have taken steps to moderate themselves amid the confirmation process. Kennedy has pushed back on suggestions that he is "anti-vaccine" and explained, "If vaccines are working for somebody, I’m not going to take them away."

DEM WHO CALLED TRUMP 'EXISTENTIAL THREAT TO DEMOCRACY' NOW BLOCKING HIS NOMINEES

"People ought to have choice, and that choice ought to be informed by the best information," he said in an interview with NBC News. "So I’m going to make sure scientific safety studies and efficacy are out there, and people can make individual assessments about whether that product is going to be good for them."

Gabbard recently made a remarkable reversal on a controversial intelligence tool used by the government. And her choice to change her position on the Foreign Intelligence Surveillance Act's (FISA) section 702 managed to win her the backing of a Republican senator on the intel committee that she will need to advance out of. 

HEGSETH LAWYER SLAMS 'FLAWED AND QUESTIONABLE AFFIDAVIT' FROM EX-SISTER-IN-LAW

Recently asked whether her change of heart on section 702 had earned his vote, Sen. James Lankford, R-Okla., said, "Yeah, I am, and that was a very important piece for me."

While both nominees have gotten some necessary Republican backing in the relevant committees, not everyone has said whether they will vote to advance the selections. And even if they are voted out of the committees, they could still face an uphill battle to be confirmed by the full Senate. 

Some of President Donald Trump’s most controversial executive branch nominees are set to appear before Congressional committees next week. The commander-in-chief promises that they will shake up their respective departments if they are approved by the Senate. 

Kashyap "Kash" Patel has been nominated to be the FBI’s next director and will appear before the Senate Judiciary Committee, while Director of National Intelligence (DNI) pick Tulsi Gabbard has a hearing scheduled on the same day before the Senate Intelligence Committee.

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Meanwhile, Robert F. Kennedy Jr., tapped to become director of the Department of Health and Human Services, will face questions on Wednesday from members of the Senate Finance Committee, which directly oversees the department. He’ll also appear before the Senate Health, Education, Labor, and Pensions (HELP) committee on Thursday for a courtesy hearing. 

The Senate's "advice and consent" role allows the body to review the president's appointments and provide oversight on key positions. The picks require a majority vote in the Senate with Republicans holding a 53-47 vote advantage over Democrats. 

But all face tough battles to get over the line. The Senate advanced the nomination of Pete Hegseth as Trump’s defense secretary on Thursday with Sen. Lisa Murkowski of Alaska, R-Alaska, and Sen. Susan Collins, R-Maine, breaking ranks.

Patel has called for radical changes at the FBI and was a fierce and vocal critic of the bureau’s work as it investigated ties between Russia and Trump’s 2016 presidential campaign.

He held numerous national security roles during the first Trump administration and was the chief investigator in the congressional probe into alleged Trump-Russia collusion, uncovering government surveillance abuse that led to the appointment of two special counsels: one who determined that there had been no such collusion and another who determined the entire premise of the FBI’s original investigation was bogus.

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Patel was an integral part of the creation of a memo released by then-Chair Devin Nunes in February 2018, which detailed the DOJ's and FBI’s surveillance of former Trump campaign aide Carter Page under the Foreign Intelligence Surveillance Act.

He’s been a loyal ally to Trump for years, finding common cause over their shared skepticism of government surveillance and the "deep state" — a catchall used by Trump to refer to unelected members of government bureaucracy.

Meanwhile, Trump has argued that Gabbard will bring a "fearless spirit that has defined her illustrious career to our Intelligence Community, championing our Constitutional Rights and securing Peace through Strength." The director of national intelligence leads the U.S. intelligence community, which includes overseeing the National Intelligence Program and advising the president on security matters. 

Gabbard has served as a lieutenant colonel in the Army Reserves since 2021, after previously serving in the Hawaii Army National Guard for about 17 years. She was elected to the U.S. House representing Hawaii during the 2012 election cycle, serving as a Democrat until 2021. She did not seek re-election to that office after she entered the 2020 White House race. 

Gabbard left the Democratic Party in 2022, registering as an independent, before becoming a member of the GOP last year and offering her full endorsement of Trump amid his presidential campaign. 

Critics have attempted to paint Gabbard as a national security risk who is sympathetic to U.S. adversaries.

However, more than 250 veterans signed a letter last month endorsing her nomination, including high-profile and nationally known names such as retired Gen. Michael Flynn and former acting Secretary of Defense Chris Miller.

Kennedy Jr. is also a contentious pick, and he could face opposition, even from Republicans. In particular, Kennedy's views and past statements about vaccines have been scrutinized by both GOP and Democratic lawmakers. 

GOP lawmakers have been concerned about Kennedy's pro-abortion views that he has espoused in the past and his potential impact on the agriculture sector.

In what was a blockbuster move by the former Democrat, Kennedy dropped out of the 2024 presidential race as an Independent and endorsed Trump, vowing to "Make America Healthy Again," should he be part of the new administration.

Fox News’ Emma Colton and Brooke Singman contributed to this report. 

Tulsi Gabbard, who is President-elect Donald Trump's choice to be Director of National Intelligence (DNI) in his next administration, has reversed course on a controversial item after lobbying from Republican senators. 

Gabbard revealed on Friday that she believes section 702 of the Foreign Intelligence Surveillance Act (FISA) "is crucial for gathering foreign intelligence on non-U.S. persons abroad."

She previously opposed FISA section 702 re-authorization while serving as a Democrat in the House of Representatives. 

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"We have a very important responsibility to strike a balance between national security to keep the American people safe, while also protecting our constitutionally protected freedoms," she said on the House floor in 2018. "Let us make this critical choice. Vote to keep our country safe. Vote to uphold our constitutional rights that so many have fought and died to protect."

In her statement, provided by a Trump transition spokesperson, Gabbard said, "This unique capability cannot be replicated and must be safeguarded to protect our nation while ensuring the civil liberties of Americans."

"My prior concerns about FISA were based on insufficient protections for civil liberties, particularly regarding the FBI's misuse of warrantless search powers on American citizens. Significant FISA reforms have been enacted since my time in Congress to address these issues. If confirmed as DNI, I will uphold Americans' Fourth Amendment rights while maintaining vital national security tools like Section 702 to ensure the safety and freedom of the American people," she said. 

The change in Gabbard's beliefs on the key national security issue was first reported by Punchbowl News. 

It comes after multiple Republican senators made the case to her of the importance of FISA's section 702. 

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Sen. Tom Cotton, R-Ark., chair of the Senate Select Committee on Intelligence, told Fox News Digital in a statement: "Tulsi Gabbard has assured me in our conversations that she supports Section 702 as recently amended and that she will follow the law and support its reauthorization as DNI."

One GOP aide shared that during his meeting with Gabbard, Sen. James Lankford, R-Okla., emphasized how important the authority granted by section 702 is, and how important her navigation of it would be. 

In a podcast appearance earlier this week, Lankford told the Wall Street Journal's Kim Strassel that there were some issues "that people aren't talking about" as it relates to Trump's picks. One of them, he said, was Gabbard and her stance on section 702. 

"She has voted against what's called 702 authority every time that she was in Congress and voted against it. Well, now she's going to be the spokesman for 702 authority. It's a legitimate question just to say, ‘Okay, how are you going to handle this?’" he asked. 

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Lankford suggested that this is something that matters to other Republican senators. "I don't hear anyone really coming up publicly and saying, 'I'm adamantly opposed'" to Trump's nominees, he explained. 

But, "What I hear is a lot of people saying, ‘Hey, I want to give a fair hearing. I want people to be able to answer questions publicly.’" 

While most GOP senators are supportive of FISA, some have been vocal critics. "Voting to reauthorize FISA 702 without a warrant requirement is difficult to defend. So are those casting such votes—especially if they purport to care about the Fourth Amendment," Sen. Mike Lee, R-Utah, wrote on X ahead of the most recent FISA re-authorization. 

Another top critic, Sen. Rand Paul, R-Ky., said in 2023, "Using 702, Americans’ communications content and metadata is inevitably swept up and kept in government databases without a warrant. Law enforcement agencies then access Americans’ communications without a warrant." 

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These Republicans may not be as happy about Gabbard's change of heart. However, there isn't any indication that it would harm their support for her as of yet. 

One Republican senate source cast doubt on Gabbard's new stance, noting that she has been "a life-long skeptic of intelligence gathering." They suggested it is unlikely that she has "completely changed her mind." 

A GOP Senate source confirmed to Fox News Digital that conservative senators are encouraged by Senate Majority Leader John Thune, R-S.D., and his apparent desire to confirm Trump nominees on the day he is sworn into office. 

The group is eager to have all national security nominees confirmed on Trump's first day, they added. 

The Trump transition team is accusing Democrats in the Senate of "stonewalling" Tulsi Gabbard's confirmation to the position of Director of National Intelligence (DNI). 

A hearing has yet to be set for President-elect Trump's DNI pick, despite Republicans pushing for Gabbard's nomination to be one of the first considered due to national security concerns. The potential delay in her hearing was first reported by Axios. 

Committee rules dictate that the Senate Select Committee on Intelligence can't hold a hearing unless all necessary paperwork is received at least a week beforehand, the office of Intel Vice Chairman Mark Warner, D-Va., told Fox News Digital. 

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Per Warner's office, the committee has yet to receive pre-hearing questions from Gabbard or an ethics disclosure. They also haven't gotten a copy of her FBI background check.

However, a spokesperson for Gabbard and the Trump transition team pushed back on this. According to the transition, the paperwork that was due on Dec. 18 was submitted, the FBI background check has been done, and an additional round of paperwork is due on Thursday and will be finished by then. 

The FBI did not respond immediately to Fox News Digital's question about whether the background check had been provided to the Intel Committee. 

RFK JR. TO MEET WITH SLEW OF DEMS INCLUDING ELIZABETH WARREN, BERNIE SANDERS

The transition team also noted that Gabbard has a top-secret security clearance from her Army service, meaning her background check was expedited. 

The spokesperson for Gabbard asserted that Warner was directing Democratic members of the committee not to set up meetings with her until he had done so, drawing out her meeting process. According to them, Warner's office was emailed on Nov. 27 but did not reply until Dec 29. 

"After the terrorist attacks on New Year's Eve and New Year's Day, it's sad to see Sen. Warner and Democrats playing politics with Americans' safety and our national security by stonewalling Lt. Col. Gabbard's nomination, who is willing to meet with every member who will meet with her as this process continues," said transition spokesperson Alexa Henning. 

"It is vital the Senate confirms President-elect Trump's national security nominees swiftly, which in the past has been a bipartisan effort. We are working in lockstep with Chairman Cotton and look forward to Lt. Col. Gabbard's hearing before Inauguration Day." 

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The only Democrat to bypass this supposed directive was Sen. Jon Ossoff, D-Ga., the transition team said. The two met last month at the Capitol. 

Gabbard's team added that Sens. Mark Kelly, D-Ariz., and Angus King, I-Maine, only responded after Warner's team finally confirmed their meeting. 

Warner's office denied issuing any such directive to Democratic members. "That is flat-out untrue. Vice Chairman Warner has encouraged every senator on the Committee to meet with the nominee (as he has), carefully evaluate her experience, record and statements for themselves, and reach their own conclusions about whether she has the qualifications and background for this critical role," spokesperson Rachel Cohen told Fox News Digital in a statement. 

The intel vice chairman met in person with Gabbard on Tuesday. "I had a session with Ms. Gabbard, I went in with a lot of questions. I've still got a lot of questions," Warner said afterward.

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"This is an extraordinarily serious job that requires maintaining the independence of the intelligence community. It also means maintaining the cooperation of our allies. We've got a lot of our intelligence from our allies on a sharing basis, and if those – that information is not kept secure, it raises huge concern. So I've got, you know, we've got a number of questions out for her. This is the beginning of a process." 

A spokesperson for the new Intel chairman, Sen. Tom Cotton, R-Ark., told Fox News Digital in a statement, "Chairman Cotton intends to hold these hearings before Inauguration Day. The Intelligence Committee, the nominees, and the transition are diligently working toward that goal."

A source familiar told Fox News Digital that the committee has yet to prompt Gabbard for her written responses to the advance policy questions, and emphasized that she can't respond to something not yet received.