Elizabeth Goitein

Elizabeth (Liza) Goitein co-directs the Brennan Center for Justice’s Liberty and National Security Program, which seeks to advance effective national security policies that respect constitutional values and the rule of law.

Articles by this author

"The Corker-Kaine bill would flip this constitutional power on its head, assigning the president the role of declaring war against a given enemy in a given place, and leaving Congress only with the power to un-declare it." (Photo by Win McNamee/Getty Images) Views
Thursday, April 19, 2018
The Corker-Kaine Bill Would Codify, not End, the Forever War
The potential for the United States to stumble into a new war—or wars—has rarely been greater. Since before he took office, Donald Trump has been rattling his saber , and he is now backed up by a national security advisor who is openly spoiling for a fight . Instability and violence around the...
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Saturday, February 03, 2018
The Nunes Memo Doesn't Reveal an Abuse of Power. It Is One.
After weeks of buildup, Rep. Devin Nunes (R-CA), chairman of the House Intelligence Committee and fervent supporter of President Trump, has released a divisive memo about the surveillance of a former adviser to the Trump campaign. After Trump declassified it , Nunes made public a four-page document...
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Tuesday, May 09, 2017
The Constitutional Rubicon of an Assange Prosecution
If you were tuning in and out of FBI Director James Comey’s hearing before the House Intelligence Committee last Wednesday, you probably got an earful about Comey’s public statements on Clinton’s use of a private e-mail server, and you may have heard his staunch defense of Section 702 of FISA. But...
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Saturday, February 18, 2017
The Same Republicans Who Pushed For Invasive Surveillance Are Complaining About It Now
The chairman of the House Intelligence Committee, Devin Nunes, is not particularly concerned by the fact that former National Security Adviser Michael Flynn discussed sanctions against Russia with the Russian ambassador during the transition. Nor is Nunes worried about evidence that Paul Manafort...
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Friday, January 13, 2017
Trump and the Dangers of Secret Law
President-elect Trump has disdained the rule of law when it comes to national security, vowing to reinstitute torture and suggesting that the military should target terrorists’ families. In response, President Obama recently released a report describing the legal and policy framework for United...
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Wednesday, December 07, 2016
Trump Will Have Wider Spying Powers Than Anything J. Edgar Hoover Ever Imagined
President-elect Donald Trump is about to inherit the most powerful surveillance apparatus in history. Combining unprecedented technological capabilities with a lax legal regime, his spying powers dwarf anything the notorious FBI director J. Edgar Hoover could have fathomed. Many privacy and civil...
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Tuesday, April 14, 2015
The Patriot Act’s Sunset is the Perfect Chance to Make the FISA Court More Like a Real Court
In the coming weeks, Congress must decide whether to renew the Patriot Act, which the National Security Agency (NSA) uses to collect Americans’ telephone records in bulk, regardless of whether they are suspected of any criminal or terrorist activity. These records can tell the government a lot...
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