Bob Bauer, a distinguished legal scholar from NYU, and Liza Goitein, an expert in liberty and national security at the Brennan Center, dive into the complexities of emergency powers. They analyze the National Emergencies Act and its implications for presidential authority, especially amid recent bipartisan reform efforts. The discussion critiques the historical failures of checks on executive power, advocating for clearer rules to safeguard democracy. Their insights shed light on the pressing need for accountability and the evolving landscape of emergency declarations.

Liza Goitein, an expert on the FISA Section 702 surveillance program, discusses its controversial nature, the need for reform, and the Fourth Amendment's relevance. The podcast explores the controversy surrounding US person queries, the ethical implications of using government-collected data, options for warrantless surveillance, and the upcoming expiration of Section 702.

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.