Biden to block all future oil drilling in 625 million acres of US oceans

(WASHINGTON) — If she is confirmed as director of national intelligence, Tulsi Gabbard would be the youngest-ever in that role, the first millennial, the first Asian American, and only the second woman to hold the position.

But she is expected to face questions in her confirmation hearing before the Senate Intelligence Committee about statements she has made that appear to support U.S. enemies and dictators as well as having no significant experience in intelligence. Gabbard can afford to lose the votes of only three Republicans and sources tell ABC News the vote on her nomination is expected to be a close one.

Chairman Tom Cotton, R-Ark., began his opening statement by expressing “dismay” at what he characterized as unfair attacks on Gabbard’s patriotism, citing Hillary Clinton’s accusation that she was “an asset of a foreign nation,” referring, of course, to Russia.

Cotton said he personally “spent two hours” reviewing Gabbard’s past background checks and found them “clean as a whistle.”

“No doubt she has some unconventional views,” Cotton acknowledged, but suggested any criticism from Democrats reflects their frustration that she “saw the light” and left their party.

In his opening statement, Sen. Mark Warner, D-Va., the committee’s top Democrat, ticked through a litany of Gabbard’s more controversial public statements to demonstrate what he called his “significant concerns about your judgment and your qualifications.”

“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,” Warner said. “In either case, it raises serious questions about your judgment.”

In excerpts from her opening statement, Gabbard confronts her critics.

“The truth is: what really upsets my political opponents is my consistent record of independence, regardless of political affiliation, and my refusal to be anyone’s puppet. You know who else is committed to defending our country and reforming Washington with a fierce and unparalleled independence, President Donald J. Trump who ran and won with a mandate for change this November,” she says in the excerpt.

For most of her career, Gabbard has broken barriers. She was the youngest woman ever elected to a state house of representatives and the first to graduate from the Accelerated Officer Candidate School at the Alabama Military Academy as a distinguished honor graduate. In Congress, she was the first Samoan American, the youngest woman elected at the time, and the first combat veteran to serve — a distinction she shares with Illinois Sen. Tammy Duckworth.

Gabbard has prepared extensively over the past two months for her hearings, meeting with former DNI leaders, including John Negroponte, the first DNI, and Michael Allen, who led Negroponte’s confirmation hearing preparations. She also has consulted with former CIA Director Gen. Michael Hayden, along with Trump allies Morgan Ortagus, deputy special presidential envoy for Middle East peace, and FBI director nominee Kash Patel.

She has sought input from a broad range of intelligence experts, former government officials and lawmakers across the aisle. She has participated in policy roundtables with lawyers, ex-intelligence officials, and national security negotiators, including figures involved in the Abraham Accords.

She also held a full-scale mock confirmation hearing ahead of Thursday’s Senate Intelligence Committee proceedings. Former Republican Sen. Richard Burr, who chaired the committee from 2015 to 2020, will introduce her.

Sources on both sides of the aisle on Capitol Hill tell ABC News Gabbard will likely face scrutiny over her past stances on Russia, Ukraine, Syria, and Iran, as well as her defense of WikiLeaks founder Julian Assange, who reached a plea deal with the Justice Department over disseminating classified documents he had obtained illegally. Gabbard said last year on “Real Time With Bill Maher” that “the charges against him are one of the biggest attacks on freedom of the press that we’ve seen and freedom of speech.”

As a member of Congress, Gabbard introduced a bill in 2020 calling for the federal government to drop all charges against Edward Snowden, the former NSA contractor who leaked information in 2013 about how the U.S. government surveils the American public.

She’s also expected to face question on her reversal on Section 702 of the Foreign Intelligence Surveillance Act (FISA), a key surveillance tool she voted against reauthorizing in 2020, her last year in Congress.

Gabbard argued that Americans shouldn’t be forced to choose between security and liberty, saying that the Patriot Act and FISA have “been allowing for the abuses of our civil liberties and overreach by our own intelligence and law enforcement agencies through doing things like warrantless sweeping collection of our data, violating our Fourth Amendment constitutional rights.”

Gabbard is also expected to face questions past statements about former President Donald Trump including her decision to vote present on Donald Trump’s.

Over the last two months, Gabbard has met with more than 50 senators, primarily Republicans. The meetings have largely served as an introduction — an opportunity to explain her past positions and assuage concerns about her political evolution. A source close to her told ABC News, “They know they can’t put her in a box. She’s not a Democrat. She’s a new Republican. She has very similar, if not 100% aligned, views with President Trump on ‘America First’ foreign policy. That makes people uneasy because they can’t quite figure her out.”

Gabbard, like Trump, is a former Democrat whose policy views have shifted significantly. Her evolution has been shaped by her 22 years in the Army, including deployments to Iraq, Kuwait, and Djibouti. If confirmed, she will be the first female DNI to have served in the military. She plans to continue serving in the Army Reserve, which is permitted under ODNI regulations.

Behind the scenes, Gabbard has earned bipartisan support within the intelligence community for her willingness to engage with a range of stakeholders. Earlier this month, the families of two former ISIS and al-Qaeda hostages publicly endorsed her nomination in a letter shared with ABC News. The parents of Kayla Mueller, who was killed by ISIS, and Theo Padnos, a former al-Qaeda hostage, argued that the radicalization of individuals — such as Shamsud-Din Jabbar, who drove his truck into a crowd of New Orleans New Year’s revelers — underscores the need for Gabbard’s swift confirmation.

The letter of support came under scrutiny by some lawmakers after rebels toppled Syria’s Bashar al-Assad. Gabbard met with Assad in Syria in 2017, which remains a point of controversy. She has previously defended the trip as a “fact-finding mission” and has maintained that U.S. intervention in Syria empowered extremist groups.

Gabbard warned in the same year that she was concerned that toppling Assad’s regime could lead to groups like ISIS and al-Qaeda to step in to fill the void and “completely massacre all religious minorities there in Syria.”

“I had no intention of meeting with Assad, but when given the opportunity, I felt it was important to take it,” Gabbard said in a 2017 statement. “We should be ready to meet with anyone if there’s a chance it can help bring about an end to this war.”

Padnos, who was kidnapped by the al-Nusra Front in 2012 and held for nearly two years, said Gabbard’s willingness to engage with hostage families compelled him to speak out.

“This is a woman with deep compassion for the victims of terrorism and the courage to get things done,” he told ABC News. “Nobody else has offered their help — except Tulsi.”

Gabbard told ABC News that she was “honored and humbled by that statement of support.”

She has also received backing from law enforcement. The National Sheriffs’ Association endorsed her nomination, citing her commitment to bridging intelligence gaps between federal agencies and local authorities. In a statement, the group praised Gabbard’s pledge to give sheriffs “a seat at the table” in national security discussions.

Sheriff Kieran Donahue, president of the National Sheriffs’ Association, wrote “Gabbard has demonstrated a commitment to addressing the critical disconnect between our intelligence agencies and local law enforcement in preparing for sophisticated and pervasive threats.”

A source close to Gabbard told ABC News that her focus as director of national intelligence will be on restoring trust in the intelligence community and reforming what is and isn’t classified. Specifically, she aims to ensure that the intelligence provided to the Senate and White House is not information already available to lawmakers through media outlets. On Capitol Hill, lawmakers have expressed concern about the overclassification of information.

The source added that Gabbard intends to provide more accurate, raw intelligence to help lawmakers make informed decisions, rather than relying on overclassified data. She also plans to streamline the process for security clearances and return ODNI to its original mission — leading the intelligence community by fostering integration, collaboration and innovation.

Her allies argue that her outsider perspective will help modernize the intelligence community — though critics remain skeptical of her lack of traditional experience.

Thursday’s hearing will test whether Gabbard can win over skeptics — or if her controversial past will derail her bid to become the nation’s top intelligence officer.
 

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(WASHINGTON) — A federal judge has ordered that the FBI must release some records related to its investigation of President Donald Trump’s handling of presidential records that have been sought under the Freedom of Information Act (FOIA).

In a memorandum opinion issued Monday, Judge Beryl Howell wrote, “Given the current circumstances and legal landscape—including that President Trump now enjoys absolute and presumptive immunity from criminal liability, the government has dismissed criminal charges against President Trump and … and no pending or even contemplated criminal enforcement action within the applicable statute of limitations on the topics of responsive records is at all likely,” the exemptions the FBI cited to block the release of information no longer apply.

Exactly three years ago, on Feb. 10, 2022, Axios reported that New York Times correspondent Maggie Haberman’s then-upcoming book, “Confidence Man,” included a claim that White House staff “periodically discovered wads of printed paper clogging” the presidential toilet.

Trump issued a statement calling the story “another fake story, that I flushed papers and documents down a White House toilet, is categorically untrue and simply made up by a reporter in order to get publicity for a mostly fictitious book.” (A footnote in Howell’s opinion notes, “In August of 2022, Haberman released photos of notes at the bottom of two toilets, and, according to her sources, one photo was allegedly of a White House toilet while the other toilet was overseas.”)

Eight days later, on Feb. 18, 2022, a letter from the National Archives described how President Trump allegedly brought classified records to his personal residence at Mar-a-Lago after losing the 2020 election.

This kicked off a high-stakes legal fight to return the records to government control and would eventually lead to an FBI search of Trump’s residence. What came next were felony charges and a series of stunning legal and political victories that would propel Trump back into office and make the charges he faced effectively disappear.

But as questions swirled around the February 2022 allegations of mishandling of records by Trump, Bloomberg News reporter Jason Leopold filed a FOIA request for six categories of documents. The first five categories pertained to documents stored at Mar-a-Lago, but the sixth category requested information about any records mentioning “Presidential Records from the Trump White House that were destroyed and … allegedly flushed down the toilet.”

The FBI argued they were exempt from responding to the request about the Mar-a-Lago investigation citing possible harm that could come to a prosecution and issued a so-called “Glomar” response to part six of the request, meaning the FBI would not confirm or deny the existence of records about alleged toilet documents.

The term Glomar is a reference to a secret CIA operation during the Cold War to raise a lost Soviet submarine from the ocean floor — when details of the operation began to leak the government provided a response that neither confirmed nor denied the existence of the operation.

Some of the information from the Mar-a-Lago investigation files was eventually released but the sixth category has remained secret.

The landmark Trump immunity case that held a president is presumptively immune from criminal prosecution for official acts and his election victory which brought a dismissal to the case had the effect of wiping away the constraints that had permitted the FBI to withhold records under FOIA.

Howell writes, “somewhat ironically, the constitutional and procedural safeguards attached to the criminal process include significant confidentiality mechanisms,” but for an immune president, such protections, “may simply be unavailable, as it is here.”

“The FBI’s Glomar response is improper, and the categorical withholding of the responsive records contained within the Mar-a-Lago investigative file is insupportable where, as here, no pending law enforcement proceeding exists, or can be reasonably anticipated, and the Mar-a-Lago investigation has been iced,” Howell writes.

No records were released immediately in the case, but the parties must submit a joint status report in 10 days to propose a schedule to conclude this case. It is unclear if the government will seek an appeal to block any further release.

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(WASHINGTON) — Florida Republican Sen. Marco Rubio is no stranger to grilling nominees during confirmation hearings, but on Wednesday he’ll be the one in the hot seat as President-elect Donald Trump’s pick to be the top U.S. diplomat moves forward.

Rubio is appearing before the Senate Foreign Relations Committee on which he’s served since 2011 and is expected to sail through the confirmation process with bipartisan backing, potentially becoming the 72nd secretary of state as soon as Inauguration Day.

But that doesn’t mean his testimony and questioning before his colleagues in the Senate won’t produce any fireworks.

Here’s what to watch for:

New territory

Rubio’s well-documented public record, along with support from colleagues on both sides of the aisle, may clear the way for lawmakers to ask the nominee more targeted questions about the foreign policy of the president he’ll serve under.

In recent weeks, Trump has made international waves by refusing to rule out using the U.S. military to fulfill his goals of acquiring Greenland and the Panama Canal and saying he’ll use economic force to make Canada the 51st state.

Wednesday’s hearing is set to be the first time Rubio faces extensive questioning about Trump’s territorial ambitions — and whether he would work to make them a reality as secretary of state.

“I would imagine he’s going to be deferential to the president-elect,” said Richard Goldberg, a former official at the National Security Council and Senate foreign policy adviser. “These are his policy decisions, these are the president-elect’s statements.”

“[Rubio] will hopefully articulate what the American interest is in all of these places in a circumspect way,” Goldberg, who is also a senior advisor at the Foundation for the Defense of Democracies, added.

On the Panama Canal, Trump has used overblown claims about China’s involvement in its operations to justify his interest in overtaking it — falsely claiming earlier this month that the waterway, which is operated by the Panamanian government, is actually run by Beijing.

But Rubio — a son of Cuban immigrants who has paid close attention to Latin America during his political career — has expressed fact-based concerns about the Chinese Communist Party’s (CCP) influence over the Panama Canal that may resurface during the hearing.

“The Panama Canal is as an important transit route to intercept illicit activities, yet the canal is surrounded by #CCP enterprises,” he tweeted in 2022. “We must continue to make clear that Panama is an important partner & warn against CCP attempts to establish a foothold in our region.”

In early 2024, Rubio also led a bipartisan group of senators in urging the government of Panama to investigate tankers accused of smuggling Iranian through the canal.

“I think he has the experience, the depth of knowledge, and the political expertise to take any question and handle it pretty well,” Goldberg said.
 

Converging and contrasting views

Rubio — long known as a Russia and China hawk in the Senate — has been accused of dialing back his interventionist foreign policy approach to align with Trump’s positions and may face fresh criticism from opponents who believe he might prioritize serving as a yes man to president over serving the country.

In the early phase of the Russian invasion of Ukraine, Rubio was a staunch supporter of Kyiv’s war efforts. But over time, as Trump became a more outspoken critic of continuing American aid to Ukraine, Rubio appeared to change course — eventually calling for a negotiated settlement to end the conflict.

There are still many foreign policy topics where there’s still plenty of distance between Rubio and Trump. While the president-elect is a near-constant critic of NATO, Rubio co-sponsored legislation with Virginia Democratic Sen. Tim Kaine aimed at preventing any commander in chief from exiting the alliance.

But ultimately, Goldberg says, Rubio’s role in the incoming administration will be advising the president on foreign policy matters and then carrying out what Trump decides.

“That’s the job he’s signing up for,” Goldberg said. “Ultimately, this President Trump’s secretary of state — no one else’s.”

In his prepared opening statement, Rubio says, “Ultimately, under President Trump, the top priority of the United States Department of State must be and will be the United States.

“The direction he has given for the conduct of our foreign policy is clear. Every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions: Does it make America safer? Does it make America stronger? Does it make America more prosperous?” he’s expected to say.

The ‘deep State’ Department?

Rubio’s confirmation may also present an opportunity to gain insight into how he intends to lead the State Department’s roughly 77,000 employees — and whether he might attempt to purge its ranks of those he or the president-elect view as political enemies, as incoming national security Adviser Mike Waltz reportedly plans to do at the National Security Council.

In an opinion piece published in The Federalist in April 2024, Rubio said there were many government employees who “do good work, day in and day out, but expressed concern about “others who act as self-appointed “protectors” of institutions against politicians they don’t like.”

“Looking ahead to another Trump administration, it’s clear why liberal elites want to protect the “deep state.” They hate Donald Trump and everything he stands for,” Rubio wrote.

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