Thune Pushes Stand-Alone FISA Renewal Despite Trump's Push to Tie It to SAVE America Act

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Senate Majority Leader John Thune (R-SD) made it clear on Monday that Senate Republicans are moving ahead with plans to revive Section 702 of the Foreign Intelligence Surveillance Act (FISA), which is the law that governs how the U.S. spies on foreign targets, even if it means defying President Donald Trump.

While Trump wants the renewal tied to the SAVE America Act, Thune told reporters his team is pushing for a stand-alone bill. They are currently counting heads and plan to bring it to the floor the moment they have the votes. It is a race against the clock, as the surveillance program officially went dark over the weekend after Congress missed its deadline.

“We will try and move 702 as soon as we feel like we have the votes to do it,” Thune said.

Thune argued that Section 702 remains one of the federal government’s most important intelligence tools, pointing to past statements from senior Democrats who have defended the surveillance authority as essential to national security.

“From the senior Democrat from New Mexico, and I quote again. As a member of the Intelligence Committee, I have learned the vital role that FISA’s Section 702 authority plays in bolstering our nation’s ability to effectively fight terrorism, disrupt foreign cyberattacks, impede drug trafficking, and protect U.S. troops,” Thune said, quoting a senior Democrat from New Mexico.

Section 702 allows U.S. intelligence agencies to collect communications involving foreign targets located outside the United States without obtaining traditional warrants.

Thune said attaching the SAVE America Act to a FISA extension would be “unrealistic,” arguing the election-integrity measure lacks sufficient support to pass as part of the surveillance legislation.

Trump on Monday morning reiterated his opposition to a stand-alone FISA extension, arguing in a Truth Social post that lawmakers should attach the SAVE America Act to any renewal of Section 702.

“A few Dumocrats are against FISA, with or without Bill Pulte going to DNI, as Acting. What kind of a deal is that. Besides, I’m against FISA if it doesn’t come with The Save America Act (Full version!) firmly attached to it. MAKE AMERICA GREAT AGAIN!” Trump wrote.

Asked whether he was concerned Trump could veto the legislation, Thune emphasized the importance of restoring the surveillance powers.

“I certainly would hope if we can get FISA off the floor, he would sign it,” Thune said.

Thune suggested that Democratic resistance to renewing Section 702 could ease once the Senate confirms Jay Clayton as director of national intelligence.

“That’s probably all contingent on Clayton getting confirmed and in position,” he said.

Democrats in both chambers blocked intelligence legislation last week over objections to Trump’s appointment of Federal Housing Finance Agency Director Bill Pulte as acting director of national intelligence. Meanwhile, Speaker Mike Johnson (R-LA) said Sunday that House Republicans remain committed to advancing the SAVE America Act despite unanimous Democratic opposition.

“So we’re gonna have to do it on our own. I’m gonna attach it to the reconciliation 3.0 and I’ve told the president, we’re gonna work really hard to make sure that gets to his desk,” Johnson said.