Hannah James
@hannahajames.bsky.social
Counsel at the Brennan Center
Views are my own
Views are my own
Yet another reason why Congress must not reauthorize Section 702 surveillance without meaningful reforms:
On Sunday, the Trump administration missed a statutory deadline to declassify a FISA Court opinion from March that reportedly finds more Section 702 compliance issues affecting Americans’ rights. The administration is now in violation of the law. 1/18
September 17, 2026 at 3:54 PM
Yet another reason why Congress must not reauthorize Section 702 surveillance without meaningful reforms:
Reposted by Hannah James
There is no comprehensive tally of ICE subpoenas to tech companies in the second Trump administration. But this is a start www.eff.org/deeplinks/20...
A List of ICE Subpoenas to Tech Companies
This is likely an undercount. The full scope is hard to pin down because these subpoenas typically only come to light when a user is given notice and challenges them in court, or when a company docume...
www.eff.org
August 27, 2026 at 7:13 PM
There is no comprehensive tally of ICE subpoenas to tech companies in the second Trump administration. But this is a start www.eff.org/deeplinks/20...
New reporting from @theguardian.com highlights DHS’s continued misuse of administrative subpoenas. As @emileayoub.bsky.social and I explain in a recent piece, this sweeping authority is long overdue for reforms. www.justsecurity.org/153773/admin...
August 31, 2026 at 9:18 PM
New reporting from @theguardian.com highlights DHS’s continued misuse of administrative subpoenas. As @emileayoub.bsky.social and I explain in a recent piece, this sweeping authority is long overdue for reforms. www.justsecurity.org/153773/admin...
Reposted by Hannah James
DHS agents secretly recorded meetings of anti-ICE protesters at churches, libraries around Minneapolis, infiltrated group chats, sought financial records, and more. The scope of the surveillance was “breathtaking,”
@rlevinsonwaldman.bsky.social tells NPR.
@rlevinsonwaldman.bsky.social tells NPR.
Churches, libraries and breweries: Inside DHS' covert surveillance operation
DHS allegedly went undercover at community meetings, subpoenaed the financial records of labor unions, and created dossiers on people at a church gathering, according to court filings.
www.npr.org
August 25, 2026 at 2:10 PM
DHS agents secretly recorded meetings of anti-ICE protesters at churches, libraries around Minneapolis, infiltrated group chats, sought financial records, and more. The scope of the surveillance was “breathtaking,”
@rlevinsonwaldman.bsky.social tells NPR.
@rlevinsonwaldman.bsky.social tells NPR.
Numerous federal agencies, including DHS, can obtain our sensitive information without probable cause or prior judicial sign-off using a legal tool called an administrative subpoena. @emileayoub.bsky.social and I explain how these subpoenas work and how Congress should course-correct. ⬇️
DHS is using administrative subpoenas to identify online critics and access Americans' private data without a judicial warrant, write @brennancenter.org's @emileayoub.bsky.social and @hannahajames.bsky.social.
What Congress can do:
What Congress can do:
No Warrant, No Problem: Administrative Subpoena Powers and an Outdated Fourth Amendment Doctrine
Numerous federal agencies possess statutory authority to obtain sensitive data without advance judicial approval or probable cause of illegal activity.
www.justsecurity.org
August 17, 2026 at 2:37 PM
Numerous federal agencies, including DHS, can obtain our sensitive information without probable cause or prior judicial sign-off using a legal tool called an administrative subpoena. @emileayoub.bsky.social and I explain how these subpoenas work and how Congress should course-correct. ⬇️
Reposted by Hannah James
Jay Clayton has been sworn in as Director of National Intelligence (DNI). What’s next for Section 702 of the Foreign Intelligence Surveillance Act? 1/17
August 5, 2026 at 7:07 PM
Jay Clayton has been sworn in as Director of National Intelligence (DNI). What’s next for Section 702 of the Foreign Intelligence Surveillance Act? 1/17
Reposted by Hannah James
1/ The Supreme Court’s ruling in Chatrie v. United States is a win for privacy. In a 6-3 decision (with Justice Gorsuch concurring in judgment), the Court ruled that police need a warrant to obtain a person’s cell phone location information from a third party.
Some background and key takeaways:
Some background and key takeaways:
www.supremecourt.gov
July 2, 2026 at 2:59 PM
1/ The Supreme Court’s ruling in Chatrie v. United States is a win for privacy. In a 6-3 decision (with Justice Gorsuch concurring in judgment), the Court ruled that police need a warrant to obtain a person’s cell phone location information from a third party.
Some background and key takeaways:
Some background and key takeaways:
Reposted by Hannah James
A bill up for a vote in the senate would renew the government’s power to conduct warrantless surveillance of Americans. @lizagoitein.bsky.social lays out the stakes of the fight over FISA Section 702.
The Brief With Jim Sciutto - Elizabeth Goitein joins The Brief
Powered by SnapStream Cloud Sharing
video.snapstream.net
June 4, 2026 at 11:29 PM
A bill up for a vote in the senate would renew the government’s power to conduct warrantless surveillance of Americans. @lizagoitein.bsky.social lays out the stakes of the fight over FISA Section 702.
Reposted by Hannah James
On Friday, the Trump administration, which is demanding that Congress pass a straight reauthorization of FISA Section 702, missed a deadline to declassify a FISA Court opinion that reportedly reveals yet more major Section 702 compliance problems. 1/14
May 18, 2026 at 3:05 PM
On Friday, the Trump administration, which is demanding that Congress pass a straight reauthorization of FISA Section 702, missed a deadline to declassify a FISA Court opinion that reportedly reveals yet more major Section 702 compliance problems. 1/14
Speaker Johnson's latest proposal to reauthorize FISA Section 702 would perpetuate warrantless government access to Americans' "incidentally" collected communications. @lizagoitein.bsky.social and I explain why the House should reject the proposal (again): www.justsecurity.org/137206/johns...
Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches
A critique of the Speaker's most recent legislative proposal to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA).
www.justsecurity.org
April 27, 2026 at 4:53 PM
Speaker Johnson's latest proposal to reauthorize FISA Section 702 would perpetuate warrantless government access to Americans' "incidentally" collected communications. @lizagoitein.bsky.social and I explain why the House should reject the proposal (again): www.justsecurity.org/137206/johns...
Reposted by Hannah James
In a dramatic scene that unfolded in the wee hours this morning, members of the House defeated a ploy by the administration and Speaker Johnson to ram through a 5-year reauthorization of FISA Section 702. Here’s what happened, and what will/should happen next. 1/20
April 17, 2026 at 3:34 PM
In a dramatic scene that unfolded in the wee hours this morning, members of the House defeated a ploy by the administration and Speaker Johnson to ram through a 5-year reauthorization of FISA Section 702. Here’s what happened, and what will/should happen next. 1/20
Reposted by Hannah James
President Trump is urging Congress to renew Section 702 of the Foreign Intelligence Surveillance Act, but lawmakers in both parties oppose extending it without reforms. Congress now has a chance to protect Americans’ privacy. bit.ly/4tASUmW
Section 702 of the Foreign Intelligence Surveillance Act
For too long, this law has allowed the government to evade privacy protections and spy on Americans. Reform is overdue.
www.brennancenter.org
April 15, 2026 at 12:58 PM
President Trump is urging Congress to renew Section 702 of the Foreign Intelligence Surveillance Act, but lawmakers in both parties oppose extending it without reforms. Congress now has a chance to protect Americans’ privacy. bit.ly/4tASUmW
Reposted by Hannah James
The @nytimes.com has a story tonight that should put a nail in the coffin of the administration’s plans to push a straight reauthorization of FISA Section 702. Bottom line: the FBI is seemingly *still* engaged in systemic violations of the law. 1/20 www.nytimes.com/2026/04/09/u...
www.nytimes.com
April 10, 2026 at 3:55 AM
The @nytimes.com has a story tonight that should put a nail in the coffin of the administration’s plans to push a straight reauthorization of FISA Section 702. Bottom line: the FBI is seemingly *still* engaged in systemic violations of the law. 1/20 www.nytimes.com/2026/04/09/u...
The FBI reports a large drop in its warrantless searches of Americans' communications under Section 702. @lizagoitein.bsky.social and I explain why the reported numbers don't tell the full story — and why a warrant requirement is still needed.
On April 20, a surveillance authority - FISA Section 702 - sunsets unless Congress reauthorizes.
@lizagoitein.bsky.social @hannahajames.bsky.social write: USG reports on use of the tool are incomplete, and reveal why Congress should pass a warrant requirement to protect Americans’ communications.
@lizagoitein.bsky.social @hannahajames.bsky.social write: USG reports on use of the tool are incomplete, and reveal why Congress should pass a warrant requirement to protect Americans’ communications.
The Truth Behind Section 702 Query Statistics
Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.
www.justsecurity.org
March 31, 2026 at 4:18 PM
The FBI reports a large drop in its warrantless searches of Americans' communications under Section 702. @lizagoitein.bsky.social and I explain why the reported numbers don't tell the full story — and why a warrant requirement is still needed.
Reposted by Hannah James
By a 6-3 vote, the Supreme Court has held that Trump’s worldwide tariffs exceeded his authority under the International Emergency Economic Powers Act (IEEPA). The decision is a victory for the rule of law and the separation of powers. 1/18 www.supremecourt.gov/opinions/25p...
www.supremecourt.gov
February 20, 2026 at 7:00 PM
By a 6-3 vote, the Supreme Court has held that Trump’s worldwide tariffs exceeded his authority under the International Emergency Economic Powers Act (IEEPA). The decision is a victory for the rule of law and the separation of powers. 1/18 www.supremecourt.gov/opinions/25p...
Reposted by Hannah James
SCOTUS tariffs ruling "is a victory for the rule of law," says @lizagoitein.bsky.social. Emergency laws like IEEPA "give presidents vast powers that are highly vulnerable to abuse." The Court stopped Trump from stretching them beyond what Congress intended.
Supreme Court Strikes Down President Trump’s Tariffs; Brennan Center Reacts
Court held in Learning Resources v. Trump that the president exceeded his authority under the International Economic Emergency Powers Act.
www.brennancenter.org
February 20, 2026 at 4:59 PM
SCOTUS tariffs ruling "is a victory for the rule of law," says @lizagoitein.bsky.social. Emergency laws like IEEPA "give presidents vast powers that are highly vulnerable to abuse." The Court stopped Trump from stretching them beyond what Congress intended.
Reposted by Hannah James
No DHS funding without stronger oversight and accountability, civil liberties protections, curbs on violence. Congress must "flex its muscle" - by @rlevinsonwaldman.bsky.social, @margyoh.bsky.social, @hannahajames.bsky.social
Expert Survey on DHS, CBP, and ICE Reforms
Experts detail targeted reforms and legislative pathways Congress could enact to improve ICE and CBP accountability.
www.justsecurity.org
February 9, 2026 at 11:17 PM
No DHS funding without stronger oversight and accountability, civil liberties protections, curbs on violence. Congress must "flex its muscle" - by @rlevinsonwaldman.bsky.social, @margyoh.bsky.social, @hannahajames.bsky.social
Reposted by Hannah James
DHS has a Fourth Amendment problem.
@hannahajames.bsky.social of the @brennancenter.org explains why the agency’s new policy allowing ICE to enter homes to conduct arrests is not only a break from past practice, it violates the Constitution.
www.justsecurity.org/130497/dhs-w...
@hannahajames.bsky.social of the @brennancenter.org explains why the agency’s new policy allowing ICE to enter homes to conduct arrests is not only a break from past practice, it violates the Constitution.
www.justsecurity.org/130497/dhs-w...
DHS Warrantless Home Entry Memo’s Fourth Amendment Problem
A leaked ICE memo authorizes warrantless home raids, defying DHS policy and raising grave Fourth Amendment concerns.
www.justsecurity.org
February 3, 2026 at 2:04 PM
DHS has a Fourth Amendment problem.
@hannahajames.bsky.social of the @brennancenter.org explains why the agency’s new policy allowing ICE to enter homes to conduct arrests is not only a break from past practice, it violates the Constitution.
www.justsecurity.org/130497/dhs-w...
@hannahajames.bsky.social of the @brennancenter.org explains why the agency’s new policy allowing ICE to enter homes to conduct arrests is not only a break from past practice, it violates the Constitution.
www.justsecurity.org/130497/dhs-w...
Reposted by Hannah James
The Constitution gives Congress, not the president, the power to declare war. bit.ly/49qN4Mv
No Legal Basis for Invading Venezuela
1989’s U.S. military action in Panama offers no constitutional cover for Trump’s Venezuela attack.
www.brennancenter.org
January 7, 2026 at 1:56 PM
The Constitution gives Congress, not the president, the power to declare war. bit.ly/49qN4Mv
Reposted by Hannah James
My take on the appellate courts' rulings in the Nat'l Guard cases, & why SCOTUS should follow the approach of the 7th Circuit (which held that the deployment was untethered to the facts), not the 9th Circuit (which accepted the admin's alternate reality): www.brennancenter.org/our-work/res...
Appeals Courts Split on Domestic Military Deployments
The Supreme Court must now recognize how excessive judicial deference to the president can endanger Americans’ fundamental liberties.
www.brennancenter.org
October 27, 2025 at 8:57 PM
My take on the appellate courts' rulings in the Nat'l Guard cases, & why SCOTUS should follow the approach of the 7th Circuit (which held that the deployment was untethered to the facts), not the 9th Circuit (which accepted the admin's alternate reality): www.brennancenter.org/our-work/res...
Sen. Cotton is reportedly pushing for an 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act. Project for Privacy & Surveillance Accountability explains why that would derail any meaningful consideration of reform: www.protectprivacynow.org/news/the-lat...
The Latest Proposal to Compromise Americans’ Privacy – Delay the Reauthorization Debate of Section 702
Section 702 of the Foreign Intelligence Surveillance Act is an authority enacted by Congress to allow U.S. intelligence agencies to surveil foreign spies and terrorists. But it has been used in...
www.protectprivacynow.org
October 24, 2025 at 3:25 PM
Sen. Cotton is reportedly pushing for an 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act. Project for Privacy & Surveillance Accountability explains why that would derail any meaningful consideration of reform: www.protectprivacynow.org/news/the-lat...
Members of Congress, represented by the Brennan Center & co-counsel, just filed a federal court brief defending the independence of the Privacy and Civil Liberties Oversight Board (PCLOB). It’s in support of 2 board members fired without cause by the Trump admin www.brennancenter.org/sites/defaul...
www.brennancenter.org
September 12, 2025 at 10:12 PM
Members of Congress, represented by the Brennan Center & co-counsel, just filed a federal court brief defending the independence of the Privacy and Civil Liberties Oversight Board (PCLOB). It’s in support of 2 board members fired without cause by the Trump admin www.brennancenter.org/sites/defaul...
Reposted by Hannah James
The Trump administration’s plan to use 600 military lawyers as temporary immigration judges, with some starting as soon as this week, will deprive immigrants of a fair hearing and further erode the line between military personnel and civilian government. 1/14
September 5, 2025 at 8:13 PM
The Trump administration’s plan to use 600 military lawyers as temporary immigration judges, with some starting as soon as this week, will deprive immigrants of a fair hearing and further erode the line between military personnel and civilian government. 1/14
Reposted by Hannah James
THREAD: This morning, U.S. District Judge Charles Breyer ruled that President Trump's use of National Guardsmen and Marines to support federal law enforcement in and around Los Angeles violated the Posse Comitatus Act. (1/22) www.cbsnews.com/news/judge-t...
Judge rules Trump's deployment of troops to Los Angeles violated federal law
U.S. District Judge Charles Breyer ruled in favor of California Gov. Gavin Newsom in his challenge to President Trump's deployment of troops to Los Angeles.
www.cbsnews.com
September 2, 2025 at 8:03 PM
THREAD: This morning, U.S. District Judge Charles Breyer ruled that President Trump's use of National Guardsmen and Marines to support federal law enforcement in and around Los Angeles violated the Posse Comitatus Act. (1/22) www.cbsnews.com/news/judge-t...
Reposted by Hannah James
A U.S. Court of Appeals ruled Friday that Trump exceeded his presidential authority by imposing tariffs. The Brennan Center filed a brief in the case arguing that the emergency powers law he relied on didn’t grant presidents that authority. bit.ly/4g31plb
Court finds Trump's tariffs an illegal use of emergency power, but leaves them in place for now
A federal appeals court has ruled President Donald Trump illegally used emergency powers to impose sweeping tariffs but left them in place for now. The U.S.
apnews.com
September 2, 2025 at 6:12 PM
A U.S. Court of Appeals ruled Friday that Trump exceeded his presidential authority by imposing tariffs. The Brennan Center filed a brief in the case arguing that the emergency powers law he relied on didn’t grant presidents that authority. bit.ly/4g31plb