Elizabeth Goitein

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Elizabeth Goitein co-directs the Liberty and National Security Program at the Brennan Center for Justice. She previously served as counsel to Senator Russ Feingold on the Senate Judiciary Committee and as a trial attorney in the Civil Division of the Department of Justice.

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AUMF: Legislative Reaffirmation

Would the Corker-Kaine AUMF Authorize Military Strikes in Iran? A Response to Bobby Chesney

The Corker-Kaine AUMF would prevent the president from designating a nation as an “associated force” under the bill, regardless of whether it is a state sponsor of terrorism. But it doesn’t take much imagination to see how that prohibition could be evaded in practice.


How the Second Circuit’s Decision Changes the Legislative Game

It is clear that the Second Circuit’s ruling that the NSA’s bulk collection of Americans’ telephone records violates Section 215 of the Patriot Act will have significant implications for the current legislative debate over whether and how to reauthorize Section 215. What those implications are, however, is less clear. I’ve attempted here to map out the decision’s effect on existing legislative options.

The Decision


Fixing the FISA Court by Fixing FISA: A Response to Carrie Cordero

Our friend Carrie Cordero has levied criticisms against three of the recommendations presented in our report, What Went Wrong With the FISA Court. We appreciate, as always, her constructive engagement with us on these issues. In the same spirit, we offer these points in response.