Author Archive

Elizabeth Goitein

Program Director, Brennan Center

Elizabeth Goitein is co-director of the Liberty & National Security Program at the Brennan Center for Justice at NYU School of Law.

Three Fixes to Prevent Another Battle of Lafayette Square

A year after federal forces violently cleared the park near the White House, the legal loopholes that militarized D.C. remain wide open.


Trump Is Destroying His Own Case for a National Emergency

By waiting for Congress to act, the president is undermining the legal basis for any declaration.


What Trump Could Do If He Declares a State of Emergency

A president’s emergency powers are extensive, and largely unchecked.


The Corker-Kaine Bill Would Codify, not End, the Forever War

The replacement AUMF would formalize a reversal of the Constitution, allowing the president to declare wars and Congress — if it dares — to veto them.