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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To get around the normal legal process for imposing tariffs on Canada & Mexico, Trump declared national emergencies and invoked the International Emergency Economic Powers Act (IEEPA). Another day, another executive action, another abuse of power. 1/15
IEEPA is available only to address an “unusual and extraordinary threat” to our “national security, foreign policy, or economy.” So Trump declared that Canada… the country he has mocked as the 51st state… poses an unusual and extraordinary threat to our national security. 2/15
Got that? In his social media posts, Trump says Canada is barely a “viable Country.” But in declaring a national emergency, he says that Canada’s power over the United States is so great that it threatens our very security. Quite a concession to our northern neighbor. 3/15
The Trump administration seems to be gearing up to defy a court order, with JD Vance tweeting this morning: “Judges aren’t allowed to control the executive’s legitimate power.” The battle lines for our democracy have been drawn. 1/9
As anyone who has had an introductory civics class knows, if a president disagrees w/ a court order, the remedy is to appeal. There’s a reason Trump & co. don’t like that option: they know their actions are illegal & many will be rejected even by Trump’s own SCOTUS justices. 2/9
So instead, they’re saying the courts can’t control the executive’s “legitimate power.” But of course, that statement glosses right over the critical question: Who decides whether the president’s claimed powers are “legitimate” (i.e., legal)? The president, or the courts? 3/9
This one is not getting enough attention. At least on its face, it seems to be directing NORTHCOM (through the Secretary of Defense) to develop a military campaign to “repel” the “invasion” resulting from “unlawful mass migration.” 1/10 whitehouse.gov/presidential-a…
NORTHCOM is the combatant command for the North American continent. It executes both homeland defense and civil support missions… but the executive order doesn’t say anything about civil support, nor does it mention DHS (which would be receiving the support). 2/10
Instead, the order relies on the president’s commander in chief authority, uses the phrase “repel the invasion,” and directs the secretary of defense to implement a “campaign planning requirement.” This is the language of military operations, not support to law enforcement. 3/10
URGENT: Please call Senator Graham’s office (202-224-5972) *today* and demand that Section 1202 of the intelligence authorization bill, which will rein in a truly terrifying surveillance authority, be KEPT IN the bill. 1/17
When Congress reauthorized Section 702 in April, it included what @RonWyden called “one of the most dramatic and terrifying expansions of government surveillance authority in history.” I wrote about that expansion here: 2/17 thehill.com/opinion/techno…
Before this expansion, Section 702 allowed the government to compel “electronic communications service providers” (e.g., Verizon or Google) to assist with surveillance, generally by turning over a foreign target’s communications. 3/17
THANK YOU to the *thousands* of you who have made calls—WE NEED TO KEEP THEM COMING! Call 202-899-8938 to be connected to your Senators & urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to act as NSA spies. 1/6
The administration and intelligence officials will put ENORMOUS pressure on Senators today to just swallow this terrible bill, because otherwise Section 702 will lapse at the end of the day. We need to make sure they’re feeling just as much pressure FROM US. 2/6
As I pointed out yesterday, the April 19 deadline isn’t real. The FISA Court has already approved Section 702 surveillance until April 2025, and there’s a “grandfathering” provision in the law for such approvals. 3/6 nytimes.com/2024/04/18/us/…
THERE WILL BE SENATE VOTES ON SECTION 702 TODAY. Please call this number (202-899-8938) ASAP to be connected to your Senators and urge them to vote “NO” on RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/9