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

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

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

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

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

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

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

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

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…

What’s this new executive order directing the Defense Department to take over huge swaths of public land on the border? Simple: it’s yet another abuse of emergency powers—this one seemingly designed to make an end-run around the Posse Comitatus Act. 1/17 whitehouse.gov/presidential-a… Listing all of Trump’s abuses of emergency powers thus far would make this thread far too long. But the country is still reeling from the latest one: emergency tariffs imposed on every country in the world, including islands inhabited primarily by penguins. 2/17

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

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

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

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…

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

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

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 For more background on this provision, see my op-ed in the Hill yesterday…2/9 thehill.com/opinion/techno…

URGENT: PLEASE KEEP THE CALLS COMING! Call this number (202-899-8938) ASAP to be connected to your Senators and urge them NOT to pass RISAA, which contains a “terrifying” provision (@RonWyden) that will force U.S. businesses to serve as NSA spies. 1/12 For more background on this provision, see my tweet thread from yesterday. The top line is that it would allow the NSA to compel a huge range of U.S. business and individuals to serve as surrogate spies. 2/12

https://twitter.com/LizaGoitein/status/1779885123363635572

URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 act.demandprogress.org/call/no-on-sec… Buried in the Section 702 reauthorization bill (RISAA) passed by the House on Friday is the biggest expansion of domestic surveillance since the Patriot Act. Senator Wyden calls this power “terrifying,” and he’s right. 2/25

https://twitter.com/RonWyden/status/1778864936573100445

I’m sad—and frankly baffled—to report that the House voted today to reward the government’s widespread abuses of Section 702 by massively expanding the government’s powers to conduct warrantless surveillance. 1/14 The amendment to require the gov’t to obtain a warrant to search Section 702 data for Americans’ communications failed by an achingly close vote of 212-212, following some truly shameless misrepresentations about the amendment from @MikeTurnerOH, the White House, & others. 2/14

The House will vote on Section 702 TOMORROW MORNING. If you think warrantless surveillance should be reined in rather than massively expanded, PLEASE USE THIS CALL TOOL ASAP (click below or call 202-899-8938) & leave a message if you get VM. 1/21 act.demandprogress.org/call/no-on-sec… The base bill is the Reforming Intelligence and Securing America Act (RISAA). As the @BrennanCenter has explained, this bill would do nothing to prevent abuses of Section 702, and it would actually weaken the FISA Court’s oversight of surveillance. 2/21 brennancenter.org/our-work/resea…