U.S. Rep. David Kustoff Is the Sole Tennessee Republican House Member to Vote Against Ending Warrantless Spying Under FISA

U.S. Representative David Kustoff (R-TN-08) was the sole member of Tennessee’s congressional delegation to vote on Friday against an amendment that would have ended the warrantless spying on United States citizens allowed under the Foreign Intelligence Surveillance Act (FISA).

Kustoff was among the 86 Republicans who joined 126 Democrats in a vote against a FISA amendment proposed by Representatives Andy Biggs (R-AZ-05) and Pramila Jayapal (D-WA-07) that would have required intelligence agencies to obtain a warrant before spying on American citizens.

Biggs’ amendment specifically sought to ban “warrantless searches of U.S. person communications in the FISA 702 database, with exceptions for imminent threats to life or bodily harm, consent searches, or known cybersecurity threat signatures.”

The legislation was defeated in a tie vote of 212-212 on the House Floor.

Among the Tennessee congressional delegation, Kustoff was only joined in opposing Biggs’ amendment by Representative Steve Cohen (D-TN-09).

Kustoff did not respond to a comment request prior to publication.

Not long after Biggs’ amendment failed, the House approved legislation to renew FISA for two years.

The vote came just days after Kustoff’s primary opponent, Dr. George Flinn, argued the incumbent “should not go unchallenged” during an appearance on The Michael Patrick Leahy Show.

In his April 5 interview, Flinn told Tennessee Star editor-in-chief Michael Patrick Leahy he was “appalled” by Kustoff’s vote on a $1.2 trillion spending package that did not include funding for the U.S.-Mexico border.

“The main vote I was appalled at was the voting for the $1.2 trillion budget package where it had no money for our borders, but it did have $880 million for the borders of Jordan, Lebanon, Egypt, Tunisia, and other countries,” Flinn told Leahy.

He explained that Kustoff voted to protect “other countries’ borders, but not ours.”

After suggesting Kustoff ignores the priorities of his constituents, Flinn argued that the congressman deserves to be challenged.

“He should not go unchallenged. He should not just file and win the election,” said Flinn. “He should have opposition, and people should be able to express their opinion.”

This is not the first time Kustoff has stood alone among Tennessee Republicans in the House.

Last November, the congressman was the only Tennessee Republican to vote against a House measure that would have blocked the construction of a new $375 million headquarters for the Federal Bureau of Investigation in Maryland.

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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “David Kustoff” by David Kustoff.