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
• • •
Missing some Tweet in this thread? You can try to
force a refresh
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
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
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…
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
U.S. District Judge Charles Breyer found that CA is likely to succeed on the merits of some of its claims, which is the first and often most important criterion for issuing a TRO. To start, the law Trump relied on to federalize the Guard didn’t give him that authority. 2/23
That law, 10 USC 12406, applies only if there’s an invasion by a foreign nation or a “rebellion or danger of a rebellion against the authority of the Government of the United States,” or if the President is unable to execute federal law without using the military. 3/23
Trump has federalized at least 2,000 National Guard forces and reportedly plans to deploy troops to Los Angeles over Governor Newsom’s objections. If that happens, it will be the first time since 1965 that a president has sent troops into a state without a state request. 1/19
That’s alarming enough. But Trump has also authorized deployment of troops anywhere in the country where protests against ICE are occurring or are likely to occur, even if they are entirely peaceful. That is unprecedented and a clear abuse of the law. 2/19
To back up: Presidents have deployed troops for purposes of quelling unrest or executing the law only 30 times in U.S. history. The Brennan Center has published a guide compiling and annotating those instances. 3/19 brennancenter.org/our-work/resea…
Yesterday the Brennan Center filed an amicus brief in support of four companies that challenged Trump’s imposition of worldwide tariffs under the International Emergency Economic Powers Act (IEEPA). 1/15 brennancenter.org/our-work/court…
Trump imposed the tariffs by declaring a national emergency under the National Emergencies Act (NEA), which gives him access to standby powers contained in 150 different provisions of law, including IEEPA. 2/15 brennancenter.org/our-work/resea…
The main issue currently before the court is whether IEEPA authorizes tariffs at all. The law doesn’t use the word “tariffs,” but the Trump administration wants the court to read sweeping powers into the law that aren’t explicitly conferred. 3/15