Elizabeth Goitein Profile picture
Apr 20, 2024 10 tweets 2 min read Read on X
It’s over (for now). A majority of senators caved to the fearmongering and bush league tactics of the administration and surveillance hawks in Congress, and they sold out Americans’ civil liberties. Section 702 has been reauthorized, not just without any meaningful reforms… 1/10
…but with “one of the most dramatic and terrifying expansions of government surveillance authority in history,” as @RonWyden aptly described it. It is nothing short of mind-boggling that 58 senators voted to keep this Orwellian power in the bill. 2/10
The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals. It’s a gift to any president who may wish to spy on political enemies, journalists, ideological opponents, etc. 3/10
The administration and intelligence committee leaders buried senators in a morass of misleading and, in some cases, flatly false statements throughout the week. I think of myself as pretty jaded, and I was still genuinely shaken by how many lies I heard. 4/10
This is a shameful moment in the history of the United States Congress. It’s a shameful moment for this administration, as well. But ultimately, it’s the American people who pay the price for this sort of thing. And sooner or later, we will. 5/10
There are 3 silver linings. First, the many senators who fought so hard to protect our civil liberties. I am particularly grateful to @RonWyden, @SenMikeLee, @SenatorDurbin, and @RandPaul, who have led the charge on Section 702 reforms. Please RT to show your appreciation! 6/10
Second, ALL OF YOU who made calls to your senators over the past week. We can track how many people use the call tool; you made literally thousands of calls each day. I’m in awe, and I also feel like I’m part of a huge, new, wonderful community. From my heart, I thank you. 7/10
Third—and very much related—because of the heat we were able to bring, we extracted some promises from the administration and the Senate intelligence committee chair. I do think they’ll be forced to make SOME changes to mitigate the worst parts of the law… 8/10
…which they can do by including those changes in an upcoming must-pass vehicle, like the National Defense Authorization Act. I’ll keep you all posted on those efforts. Let’s hold them to their promises. 9/10
I’ll have more to say about all of this later, but I’m taking the next week off for a vacation with family. In the immortal words of Tommy Lee Jones, “I need the rest.” And then… back to the fight! 10/10

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More from @LizaGoitein

Jan 6
The Trump administration claims there was no need for Congress to authorize the military attack in Venezuela because the military was merely supporting a “law enforcement operation” (i.e., executing arrest warrants against the Maduros). That’s wrong on multiple counts. 1/20
Under our Constitution, decisions about when, where, and against whom to deploy military force are made by Congress, not the president. This system ensures that the solemn decision to risk U.S. blood and treasure is made with democratic debate and public accountability. 2/20
When U.S. military aircraft drop bombs on another country, killing 80 people in the process, that’s a use of military force, regardless of the intent. Even Hegseth described it as a “joint military and law enforcement raid” rather than a pure law enforcement action. 3/20
Read 20 tweets
Nov 5, 2025
The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25
Spoiler alert: some conservative justices had tough questions for both sides, making it hard to say with certainty where they’ll land. But given the degree of pushback on key administration arguments, it’s looking quite possible—if not likely—the tariffs will be struck down. 2/25
I discussed the stakes of the case and the various arguments before the Court in a recent @BrennanCenter explainer. The rest of this thread might make more sense if you read that first… but will briefly summarize here. 3/25 brennancenter.org/our-work/analy…
Read 25 tweets
Oct 20, 2025
By a 2-1 opinion, the Ninth Circuit just held that the president can federalize National Guard forces and deploy them when protesters shine flashlights in the eyes of ICE officers. It’s one of the most dangerous and legally flawed court decisions I’ve seen this year. 1/23
Trump had federalized 200 Oregon National Guard forces after posting on social media that Portland was “War ravaged” and that ICE facilities were “besieged.” He invoked a law that permits federalization of the Guard when the president is “unable to execute” federal law. 2/23
It appears Trump had watched a FOX News segment that misleadingly aired footage from 2020 of chaos in Portland. In court, administration officials struggled to find instances that would substantiate Trump’s characterization of Portland today. 3/23 dankennedy.net/2025/10/04/tru…
Read 23 tweets
Sep 12, 2025
Facing stiff legal and political resistance to his military deployments in Los Angeles and D.C., Trump now seems to be shifting strategies and targeting blue cities in red states, such as Memphis and New Orleans. It’s bad news with a small silver lining. 1/24
First, the silver lining. There is simply no legal way to deploy troops for crime control purposes in Chicago, Baltimore, New York, or any other city in a state where the governor objects. To use Guard forces in those states, Trump would have to federalize them… 2/24
…and to do that, he needs statutory authority. There is no law, however, that allows the president to federalize the National Guard to address local crime. And even if there were such a law, federalized National Guard forces become subject to the Posse Comitatus Act (PCA)… 3/24
Read 24 tweets
Aug 12, 2025
Trump's use of the DC National Guard and potentially other states' Guard forces to respond to local crime in DC violates the centuries-old principle against using the military as a domestic police force--a principle that is critical to democracy and individual liberty. 1/5
Unfortunately, there are major loopholes in the Posse Comitatus Act (PCA), which is the law that enshrines that principle. Trump is exploiting two of those loopholes: the unique command/control structure of the DC National Guard... 2/5
...and 32 USC 502(f), a provision of law under which Guard forces acting under state command and control can perform federal missions free from the constraints of the PCA, even when effectively taking direction from the president. 3/5
Read 5 tweets
Jun 14, 2025
The Defense Department has confirmed that U.S. Marines detained a civilian—reportedly an Army veteran who crossed a yellow tape boundary on his way to a Department of Veterans Affairs office. This is an apparent violation of the Posse Comitatus Act. 1/16 reuters.com/world/us/us-ma…
The Posse Comitatus Act (PCA) bars federal armed forces from directly participating in law enforcement activities unless “expressly authorized” by statute or by the Constitution. It’s a critical protection for individual liberty and democracy. 2/16
What constitutes a law enforcement activity for purpose of the PCA isn’t always clear. But activities that unambiguously fall within that category include arrests, searches, and seizures of persons or property. 3/16 congress.gov/crs-product/R4…
Read 16 tweets

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