Podcast appearances and mentions of liza goitein

The Alien Enemies Act is a war power granted to the president that has only been used four times in US history since its creation in 1798. It allows the president to order the detention and deportation of noncitizens from "enemy" nations during war, invasion, or predatory incursion. When it was created, the US had a very different understanding of Constitutional rights, including due process, than we do today. We talk about how the Alien Enemies Act has been used throughout history, and how Constitutional law has evolved since 1798. Helping us out is Liza Goitein. She is the senior director of the Brennan Center's Liberty and National Security Program.  CLICK HERE TO DONATE TO THE SHOW AND CHECK OUT OUR NEW TOTE BAG!CLICK HERE: Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more!To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro.Check out our other weekly NHPR podcast, Outside/In - we think you'll love it!

Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, and Liza Goitein, Senior Director of Liberty & National Security at the Brennan Center, join Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the emergency powers afforded to the president under the National Emergency Act, International Emergency Economic Powers Act, and the Insurrection Act. The trio also inspect ongoing bipartisan efforts to reform emergency powers.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Kindly be aware that this podcast was recorded before the conflict in Israel occurred. In this week's special two-part episode, host Elisa is joined first by Dimitri Alperovitch, cybersecurity thought-leader, Co-Founder and Executive Chairman of the Silverado Policy Accelerator, to discuss global power dynamics, Russia, China, and how the U.S. can lessen its dependence on adversary nations. Next, with a special commentary on FISA Section 702, Elisa is joined by Josh Geltzer, Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council, who weighs in on the 702 controversy in response to Liza Goitein's commentary from last week's episode release. Dmitri Alperovitch is the Co-Founder and Executive Chairman of the Silverado Policy Accelerator, a non-profit focused on advancing American prosperity and global leadership in the 21st century and beyond: https://docs.google.com/document/d/1g9-urRWEm-l9YL0fuEWFaCzUDu_yXlOp/edit?usp=share_link&ouid=115287310253365681610&rtpof=true&sd=true Joshua A. Geltzer is the Deputy Assistant to the President and Deputy Homeland Security Advisor with the National Security Council: www.lawfaremedia.org/contributors/jgeltzer References: Alperovitch, Dmitri, and Garrett Graff. World on the Brink: How America Can Beat China in the Race for the 21st Century. PublicAffairs, 2024: https://www.amazon.com/dp/B0CF1TKHY2?ref_=cm_sw_r_apin_dp_P2890EKH0XKPAG9KA5KH_1 Listen in to Dimitri's podcast, "Geopolitics Decanted" by Silverado: https://podcast.silverado.org The CHIPS Act of 2022: https://www.congress.gov/bill/117th-congress/house-bill/4346/text Alperovitch, Dmitri. “The Case for Cyber-Realism.” Foreign Affairs, 2022, www.foreignaffairs.com/articles/united-states/2021-12-14/case-cyber-realism. Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary

The FBI's most controversial surveillance tool, FISA Section 702, is up for reauthorization this year. Supporters of 702 argue that it is vital for national security and counterterrorism efforts, while critics warn that it allows for warrantless surveillance of Americans leading to potential violations of the Fourth Amendment. This week, host Elisa is joined by Liza Goitein, nationally-recognized expert on government surveillance and secrecy, to discuss the varying viewpoints on 702, its strength and weakness, and what reforms may be useful. Elizabeth Goitein is Senior Director of the Brennan Center for Justice's Liberty & National Security Program: https://www.brennancenter.org/experts/elizabeth-goitein References: Goitein, Elizabeth."The Coming Fight Over American Surveillance." Foreign Affairs. June 6 2023: www.foreignaffairs.com/united-states/coming-fight-over-american-surveillance. Goitein, Elizabeth. "The Year of Section 702 Reform, Part I: Backdoor Searches." Just Security, Feb 13 2023: www.justsecurity.org/85068/the-year-of-section-702-reform-part-i-backdoor-searches/. Goitein, Elizabeth. "The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA." Just Security, Apr 18 2023: https://www.justsecurity.org/86011/the-year-of-section-702-reform-part-ii-closing-the-gaps-and-completing-the-modernization-of-fisa/ Goitein, Elizabeth. "The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless Foreign Intelligence Queries." Just Security, Jul 27 2023: https://www.justsecurity.org/87390/the-year-of-section-702-reform-part-iii-why-congress-should-not-exempt-warrantless-foreign-intelligence-queries/ Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com FISA Section 702 Overview: https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Electronic Communications Privacy Act of 1986: https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1285 Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary

A breaking-news emergencies podcast right after the oral arguments in the Biden Student Debt cases: Nebraska v. Biden and Dept of Education vs. Brown, joined by:Liza Goitein, senior director of the Brennan Center for Justice's Liberty & National Security Program, and a nationally expert on presidential emergency powers. She wrote immediately after the Biden plan was announced for the Washington Post: “Biden Using Emergency Powers for Student Debt Relief? That's a Slippery Slope,” linked here.And we're joined by Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Faculty Director, Urban Law Center.Jed explains his amicus brief (and essay proposing an "Emergency Question Doctrine" to limit the Major Question Doctrine), which Justice Kavanaugh mentioned in oral argument, linked here.Materials Mentioned in this Episode:Materials Mentioned in this Episode:Biden v. Nebraska Department of EducationDocket         Oral ArgumentDepartment of Education v. BrownDocketOral ArgumentBrief of Jed Handelsman Shugerman as Amicus Curiae in Support of Respondents. Linked here.Jed Shugerman, "Major Questions and an Emergency Question Doctrine: The Biden Student Debt Case Study of Pretextual Abuse of Emergency Powers." 2023. Linked here.Jed Shugerman, “The Biden Student Debt Plan is a Legal Mess,” The Atlantic, Sept. 2022. Linked here. Subscription required. Elizabeth Goitein, “The Alarming Scope of the President's Emergency Powers,” The Atlantic, January/February 2019.  Linked here. Subscription to the Atlantic required.West Virginia v. EPA, 597 U.S. ___ (2022). Linked here. Zephyr Teachout. Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United. Cambridge, MA: Harvard University Press (2016).  Buy on Amazon. Massachusetts v. EPA, 549 U.S. 497 (2007). Linked here.Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman, “Faithful Execution and Article II, 132 Harvard Law Review 2111 (2019). Linked here.

For much of its history, the United States has had a single law on the books that governs when the president can deploy the military to enforce federal law within the United States: the Insurrection Act. While the act hasn't been invoked in decades, it played an important role in several recent controversies, including the acts of Jan. 6. Now, some scholars have written the Jan. 6 commission, urging that it be included in the broader set of reforms that committee is reportedly getting ready to endorse. To learn more, Lawfare senior editor Scott R. Anderson sat down with the two authors of the recent submission to the committee: Liza Goitein, senior director of the Liberty & National Security Program at the Brennan Center for Justice, and her colleague Joseph Nunn, counsel at the same program. They discussed the history of the Insurrection Act, what they think makes it dangerous, and how Congress should try to fix it.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Earlier this month, the Supreme Court issued rulings in two separate cases involving the state secrets privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the Court's decision and what it means for state secrets doctrine and executive power, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe's Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. Rohini first talked to them on the Lawfare Podcast back in October when they discussed the cases that were then before the Court. Now that the Court has issued its ruling, they got back together to discuss the Court's decision and what it means for the future of state secrets doctrine. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

It has been a decade since the Supreme Court decided on a case involving the state secrets privilege, a common law rule that allows the government to block the release of state secrets in civil litigation. In this term, the justices will hear two cases involving the privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga.To talk about the two cases before the Supreme Court and the state secrets privilege more broadly, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe's Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. They talked about how the state secrets privilege works, the controversy surrounding its use and what we can expect in the two Supreme Court cases. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

Last week, President Trump declared a national emergency to get funding for the wall. The move gave him elevated power to move money around, but it was immediately met with lawsuits from 16 states. What exactly is a national emergency? Why is this one different? And just how far do a president’s emergency powers really go? Alex Wagner speaks with Liza Goitein, Co-Director of the Liberty and National Security Program at the Brennan Center. Months before the president’s announcement, Goitein looked into what powers presidents have in a national emergency. She wrote about her research in The Atlantic magazine, describing over 100 emergency powers she said were “ripe for abuse” and that “this edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them.”  What could happen in the hands of a president less concerned with norms? Learn more about your ad choices. Visit megaphone.fm/adchoices

Can a president choose to invoke emergency powers whenever he wants? Liza Goitein of the Brennan Center for Justice explains the extent of Trump's power in states of emergency. The Post's Philip Rucker breaks down the challenges of border wall politics.

Josh Blackman, a professor at the South Texas College of Law, and Liza Goitein, co-director of the Liberty & National Security Program at the Brennan Center for Justice, discuss a federal appeals court case, which will determine whether President Trump's controversial immigration order is discriminatory towards Muslims. They speak with Greg Stohr on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

Josh Blackman, a professor at the South Texas College of Law, and Liza Goitein, co-director of the Liberty & National Security Program at the Brennan Center for Justice, discuss a federal appeals court case, which will determine whether President Trump's controversial immigration order is discriminatory towards Muslims. They speak with Greg Stohr on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- Josh Blackman, a professor at the South Texas College of Law, and Liza Goitein, co-director of the Liberty & National Security Program at the Brennan Center for Justice, discuss a federal appeals court case, which will determine whether President Trump's controversial immigration order is discriminatory towards Muslims. They speak with Greg Stohr on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

(Bloomberg) -- Josh Blackman, a professor at the South Texas College of Law, and Liza Goitein, co-director of the Liberty & National Security Program at the Brennan Center for Justice, discuss a federal appeals court case, which will determine whether President Trump's controversial immigration order is discriminatory towards Muslims. They speak with Greg Stohr on Bloomberg Radio's "Bloomberg Law."

Last week, the National Security Agency (NSA) announced it was ending a surveillance practice known as “about collection.” It’s one piece of a larger puzzle called “Section 702,” the legal authority behind some of the programs first revealed to the public in the Snowden leaks of 2013. While “about collection” is focused on surveillance of foreign communications, Americans’ data are routinely swept up in the process. The data can be queried by the FBI and local law enforcement for domestic purposes, as we discussed in a previous episode. Does the NSA’s announcement indicate that the intelligence agency is cleaning up it's act? Is our government capable of self regulation and oversight? What's the NSA’s motivation here? Evan discusses with friends of the show Neema Guliani, legislative counsel at the American Civil Liberties Union in DC, and Liza Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program.

Last week, we learned that a FISA court gave the government permission to monitor the communications of Carter Page, a foreign policy advisor to the Trump campaign. Such warrants are only granted when there is probable cause that the target is operating as an agent of a foreign power. In Page's case, it's not hard to guess which foreign power. In 2013, Page admitted to the FBI that he gave documents to a Russian spy ring. On the latest episode of The Breach, Liza Goitein joins host Lindsay Beyerstein to reveal how our separate, secretive national security court system, known as FISA Court, works – and whether its benefits outweigh its risks. Liza is the co-director of the Liberty and National Security Program at the Brennan Center for Justice. She is a former counsel to Senator Russ Feingold and a former lawyer for the Civil Division of the Justice Department. Recommended Reading: Julia Ioffe's “The Mystery of Trump's Man in Moscow,” TNR, 2016. Emma Ashford's "The Real Factions of Trumpland and U.S. Foreign Policy,” War on the Rocks.

Andrew Kent, professor at Fordham University, and Liza Goitein, Co-Director of the Liberty & National Security Program at the Brennan Center, discuss House Intelligence Committee chairman Devin Nunes' claims that he has evidence supporting President Trump's claims of wiretapping during the campaign. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

Andrew Kent, professor at Fordham University, and Liza Goitein, Co-Director of the Liberty & National Security Program at the Brennan Center, discuss House Intelligence Committee chairman Devin Nunes' claims that he has evidence supporting President Trump's claims of wiretapping during the campaign. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- Andrew Kent, professor at Fordham University, and Liza Goitein, Co-Director of the Liberty & National Security Program at the Brennan Center, discuss House Intelligence Committee chairman Devin Nunes' claims that he has evidence supporting President Trump's claims of wiretapping during the campaign. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- Andrew Kent, professor at Fordham University, and Liza Goitein, Co-Director of the Liberty & National Security Program at the Brennan Center, discuss House Intelligence Committee chairman Devin Nunes' claims that he has evidence supporting President Trump's claims of wiretapping during the campaign. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

David Bier, an immigration policy analyst at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss the new executive order on immigration, which President Trump signed on Monday. They speak with June Grasso and Greg Stohr on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

David Bier, an immigration policy analyst at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss the new executive order on immigration, which President Trump signed on Monday. They speak with June Grasso and Greg Stohr on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- David Bier, an immigration policy analyst at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss the new executive order on immigration, which President Trump signed on Monday. They speak with June Grasso and Greg Stohr on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com

(Bloomberg) -- David Bier, an immigration policy analyst at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss the new executive order on immigration, which President Trump signed on Monday. They speak with June Grasso and Greg Stohr on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- Ilya Shapiro, senior fellow at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss deliberations by three judges in the ninth circuit court of appeals over the constitutionality of President Donald Trump's Immigration Order. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law."

(Bloomberg) -- Ilya Shapiro, senior fellow at the Cato Institute, and Liza Goitein, co-director of the liberty and national security program at the Brennan Center for Justice, discuss deliberations by three judges in the ninth circuit court of appeals over the constitutionality of President Donald Trump's Immigration Order. They speak with June Grasso and Michael Best on Bloomberg Radio's "Bloomberg Law." Learn more about your ad-choices at https://www.iheartpodcastnetwork.com