Thread by @LizaGoitein

The House just passed the most significant set of checks and balances to guard against presidential abuse of power in a generation. The #ProtectingOurDemocracy Act implements safeguards that are critical to shoring up our democracy. 1/12

https://twitter.com/RepAdamSchiff/status/1469062582334115841

My colleague @Martha_Kinsella has outlined some of #PODA’s key provisions, e.g. codification of the Emoluments Clauses, measures to prevent improper communications between the White House & DOJ, and transparency requirements for presidential pardons. 2/12 brennancenter.org/our-work/analy…

I want to highlight one additional provision that I consider particularly important: reform of the National Emergencies Act (NEA), the law Trump abused to evade Congress and secure funding for his border wall. 3/12

Under current law, the president has near-total discretion to declare a national emergency. That declaration unlocks enhanced powers contained in 120+ statutes spanning all areas of governance, from agricultural exports to military deployment. 4/12 brennancenter.org/our-work/resea…

Some of these powers are frighteningly broad and ripe for abuse. In a piece I wrote for @TheAtlantic in 2019, I outlined some of the ways emergency powers could be wielded to undermine democracy. 5/12 theatlantic.com/magazine/archi…

The president can renew emergency declarations each year for an indefinite period. Congress can vote to terminate a declaration, but in practice this requires a veto-proof supermajority. That’s too high a hurdle when such potent powers are in play. 6/12

Under PODA, presidential emergency declarations would automatically terminate after 20 legislative days unless approved by Congress. Annual renewals would also require congressional approval, and a 5-year total limit would prevent “permanent emergencies.” 7/12

This is the right approach to emergency powers reform. It gives the president flexibility when most needed—in the immediate aftermath of a crisis—while ensuring that Congress can fulfill its role as a coequal branch & a check on executive overreach. 8/12 politico.com/news/magazine/…

PODA also requires the president to disclose presidential emergency action documents (“PEADs”) to Congress. These are secret orders, drafted in anticipation of a range of worst-case scenarios, ready for the president’s signature at a moment’s notice. 9/12 nytimes.com/2020/04/10/opi…

No PEAD has ever been made public. But based on official documents describing contents of Cold War-era PEADs, there’s reason to fear they would implement drastic measures such as martial law, censorship, & detention without charge or judicial review. 10/12 brennancenter.org/our-work/resea…

PEADs are not shared with Congress. This prevents Congress from fulfilling its role as a check against presidential abuse of power. PODA would fix this by requiring disclosure of PEADs to the relevant congressional committees. 11/12

Many thanks to @RepAdamSchiff and PODA cosponsors for their work on this vital legislation, to @RepMcGovern, @RepMeijer & @RepPeterDefazio for their amendment strengthening NEA reform, and to @SenMarkey for leading the charge on PEADs! 12/12