Liza Goitein
@lizagoitein.bsky.social
Senior Director of the Liberty and National Security Program at the Brennan Center for Justice, reformed oboist and whitewater kayaker, mom of teenage twins. Opinions are my own.
The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25
November 5, 2025 at 9:04 PM
The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25
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...
By a 2-1 opinion, the Ninth Circuit just held that the president can federalize the National Guard forces and deploy them when protesters shine flashlights in the eyes of ICE officers. It’s one of the most dangerous and legally flawed court decisions I’ve seen this year. 1/23
October 20, 2025 at 11:40 PM
By a 2-1 opinion, the Ninth Circuit just held that the president can federalize the National Guard forces and deploy them when protesters shine flashlights in the eyes of ICE officers. It’s one of the most dangerous and legally flawed court decisions I’ve seen this year. 1/23
President Trump is abusing emergency powers to evade legal constraints on his actions, but he doesn’t actually have many of the powers he claims to have. My take in @gtownnatsec.bsky.social’s special edition on national security issues in the second Trump administration: tinyurl.com/3434ss8e
The Dangers and Limits of Government by Emergency Rule - Georgetown Law - Center on National Security
By Elizabeth Goitein
tinyurl.com
October 14, 2025 at 4:37 PM
President Trump is abusing emergency powers to evade legal constraints on his actions, but he doesn’t actually have many of the powers he claims to have. My take in @gtownnatsec.bsky.social’s special edition on national security issues in the second Trump administration: tinyurl.com/3434ss8e
President Trump’s deployment of National Guard troops to Portland is off — for now. Last night, Judge Karin Immergut, a Trump appointee, issued a temporary restraining order prohibiting the deployment of ANY federalized National Guard forces in Portland. 1/7
October 6, 2025 at 5:05 PM
President Trump’s deployment of National Guard troops to Portland is off — for now. Last night, Judge Karin Immergut, a Trump appointee, issued a temporary restraining order prohibiting the deployment of ANY federalized National Guard forces in Portland. 1/7
This morning, hours after a federal judge ruled that it would be illegal to federalize and deploy Oregon National Guard troops in Portland, Trump deployed federalized California National Guard troops in Portland. 1/16
October 5, 2025 at 8:52 PM
This morning, hours after a federal judge ruled that it would be illegal to federalize and deploy Oregon National Guard troops in Portland, Trump deployed federalized California National Guard troops in Portland. 1/16
This morning, President Trump and Secretary Hegseth spoke to 800 high-ranking generals and admirals who had been called away from their stations around the world. At the meeting, Trump said he’d told Hegseth he should use American cities as “training grounds” for the military. 1/6
September 30, 2025 at 7:59 PM
This morning, President Trump and Secretary Hegseth spoke to 800 high-ranking generals and admirals who had been called away from their stations around the world. At the meeting, Trump said he’d told Hegseth he should use American cities as “training grounds” for the military. 1/6
Before this administration, presidents had deployed the military to quell civil unrest or enforce the law only 30 times in the nation’s entire history. As of yesterday, President Trump has done so three times (with a fourth in the works) in just over eight months. 1/5
September 29, 2025 at 3:09 PM
Before this administration, presidents had deployed the military to quell civil unrest or enforce the law only 30 times in the nation’s entire history. As of yesterday, President Trump has done so three times (with a fourth in the works) in just over eight months. 1/5
According to his social media post, President Trump is once again poised to send the military into an American city. This time it’s “War ravaged” Portland… a description that would baffle any actual Portland resident. 1/12
September 27, 2025 at 6:51 PM
According to his social media post, President Trump is once again poised to send the military into an American city. This time it’s “War ravaged” Portland… a description that would baffle any actual Portland resident. 1/12
Facing stiff legal and political resistance to his military deployments in Los Angeles and D.C., Trump now seems to be shifting strategies and targeting blue cities in red states, such as Memphis and New Orleans. It’s bad news with a small silver lining. 1/24
September 12, 2025 at 7:57 PM
Facing stiff legal and political resistance to his military deployments in Los Angeles and D.C., Trump now seems to be shifting strategies and targeting blue cities in red states, such as Memphis and New Orleans. It’s bad news with a small silver lining. 1/24
A thorough synopsis of Judge Breyer's ruling in California's challenge to President Trump's deployment of the military in Los Angeles, from my @brennancenter.org colleague @josephanunn.bsky.social.
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 8:08 PM
A thorough synopsis of Judge Breyer's ruling in California's challenge to President Trump's deployment of the military in Los Angeles, from my @brennancenter.org colleague @josephanunn.bsky.social.
The Pentagon is reportedly planning to mobilize thousands of National Guard forces and deploy them in Chicago for the purpose of crime control. Trump is on even thinner legal ice with this plan than he is in Los Angeles and D.C. 1/12 www.washingtonpost.com/national-sec...
Pentagon plans military deployment in Chicago as Trump eyes crackdown
President Donald Trump said Chicago is his next likely target to crack down on urban crime. Military planning has been ongoing for weeks, officials say.
www.washingtonpost.com
August 24, 2025 at 12:40 PM
The Pentagon is reportedly planning to mobilize thousands of National Guard forces and deploy them in Chicago for the purpose of crime control. Trump is on even thinner legal ice with this plan than he is in Los Angeles and D.C. 1/12 www.washingtonpost.com/national-sec...
At Trump’s request, multiple red state governors are sending hundreds of armed National Guard forces into DC. This military occupation of the district is unprecedented and unjustified. If it’s allowed to stand, this country will be well on its way to becoming a police state. 1/22
August 19, 2025 at 12:35 AM
At Trump’s request, multiple red state governors are sending hundreds of armed National Guard forces into DC. This military occupation of the district is unprecedented and unjustified. If it’s allowed to stand, this country will be well on its way to becoming a police state. 1/22
My take in @justsecurity.org re: Trump's repurposing of federalized Guard forces in Los Angeles to assist DEA in conducting drug raids several hours outside the city. In short: it's an alarming and likely illegal escalation.
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
By @lizagoitein.bsky.social
#PosseComitatus #NationalGuard #TaskForce51 #NORTHCOM
By @lizagoitein.bsky.social
#PosseComitatus #NationalGuard #TaskForce51 #NORTHCOM
Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation
"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
www.justsecurity.org
June 25, 2025 at 10:12 PM
My take in @justsecurity.org re: Trump's repurposing of federalized Guard forces in Los Angeles to assist DEA in conducting drug raids several hours outside the city. In short: it's an alarming and likely illegal escalation.
A three-judge panel of the Ninth Circuit Court of Appeals has granted the Trump administration’s request to stay a district court order that would have returned control of the California National Guard to Governor Newsom. 1/25 storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
June 20, 2025 at 6:20 AM
A three-judge panel of the Ninth Circuit Court of Appeals has granted the Trump administration’s request to stay a district court order that would have returned control of the California National Guard to Governor Newsom. 1/25 storage.courtlistener.com/recap/gov.us...
The Department of Defense has confirmed that U.S. Marines detained a civilian—reportedly an Army veteran who crossed a yellow tape boundary on his way to an office of the Department of Veterans Affairs. This is an apparent violation of the Posse Comitatus Act. 1/16 www.reuters.com/world/us/us-...
Exclusive: US Marines carry out first known detention of civilian in Los Angeles, video shows
Marines deployed to Los Angeles carried out the detention of a civilian on Friday, the U.S. military confirmed after being presented with Reuters images, in the first known detention by active-duty troops deployed there by President Donald Trump.
www.reuters.com
June 14, 2025 at 2:40 AM
The Department of Defense has confirmed that U.S. Marines detained a civilian—reportedly an Army veteran who crossed a yellow tape boundary on his way to an office of the Department of Veterans Affairs. This is an apparent violation of the Posse Comitatus Act. 1/16 www.reuters.com/world/us/us-...
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
June 13, 2025 at 4:18 AM
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
In today’s @justsecurity.org, I unpack Trump’s memorandum authorizing deployment of the military not only in Los Angeles, but anywhere protests against ICE activity (even if completely peaceful) are occurring or likely to occur. 1/2 www.justsecurity.org/114282/memor...
Trump’s Memorandum Authorizing Military Domestic Deployment
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."
www.justsecurity.org
June 10, 2025 at 7:33 PM
In today’s @justsecurity.org, I unpack Trump’s memorandum authorizing deployment of the military not only in Los Angeles, but anywhere protests against ICE activity (even if completely peaceful) are occurring or likely to occur. 1/2 www.justsecurity.org/114282/memor...
Trump has federalized at least 2,000 National Guard forces and reportedly plans to deploy troops to Los Angeles over Governor Newsom’s objections. If that happens, it will be the first time since 1965 that a president has sent troops into a state without a state request. 1/19
June 8, 2025 at 3:25 PM
Trump has federalized at least 2,000 National Guard forces and reportedly plans to deploy troops to Los Angeles over Governor Newsom’s objections. If that happens, it will be the first time since 1965 that a president has sent troops into a state without a state request. 1/19
Yesterday the @BrennanCenter filed a brief with @CatoInstitute, Prof. @IlyaSomin, and Prof. John Dehn in support of ACLU’s lawsuit challenging President Trump’s invocation of the Alien Enemies Act invocation. 1/6 www.brennancenter.org/our-work/cou...
Amicus Brief in W.M.M. v. Trump
The Brennan Center, along with co-counsel Patterson Belknap Webb & Tyler LLP and Ilya Somin, filed an amicus brief in a case challenging President Trump’s invocation of the Alien Enemies Act. The brie...
www.brennancenter.org
June 3, 2025 at 2:08 PM
Yesterday the @BrennanCenter filed a brief with @CatoInstitute, Prof. @IlyaSomin, and Prof. John Dehn in support of ACLU’s lawsuit challenging President Trump’s invocation of the Alien Enemies Act invocation. 1/6 www.brennancenter.org/our-work/cou...
A second court has now ruled against the Trump administration on worldwide tariffs. Two courts comprising four judges (two Obama appointees, one Reagan appointee, and one Trump appointee) have now deemed the tariffs unlawful. 1/4 thehill.com/regulation/c...
thehill.com
May 29, 2025 at 8:47 PM
A second court has now ruled against the Trump administration on worldwide tariffs. Two courts comprising four judges (two Obama appointees, one Reagan appointee, and one Trump appointee) have now deemed the tariffs unlawful. 1/4 thehill.com/regulation/c...
Last night, a three-judge panel of the federal Court of International Trade unanimously held that Trump’s use of emergency powers to bypass Congress and impose worldwide tariffs is illegal. It’s a tightly reasoned decision that reaches the right outcome. 1/18 apnews.com/article/trum...
Federal court blocks Trump from imposing sweeping tariffs under emergency powers law
A federal court is blocking President Donald Trump from imposing sweeping tariffs on imports under an emergency-powers law.
apnews.com
May 29, 2025 at 1:54 PM
Last night, a three-judge panel of the federal Court of International Trade unanimously held that Trump’s use of emergency powers to bypass Congress and impose worldwide tariffs is illegal. It’s a tightly reasoned decision that reaches the right outcome. 1/18 apnews.com/article/trum...
The National Guard in non-federal status isn’t subject to the Posse Comitatus Act. But sometimes POTUS can direct the Guard even without federalizing them. As my piece in @cnas.bsky.social’s National Guard series argues, Congress should close this dangerous loophole. www.cnas.org/publications...
Preventing the Use of the National Guard to Evade the Posse Comitatus Act
Limitations on military involvement in civilian affairs have been a central feature of Anglo-American law. Armies are trained to vanquish enemies.
www.cnas.org
May 20, 2025 at 4:42 PM
The National Guard in non-federal status isn’t subject to the Posse Comitatus Act. But sometimes POTUS can direct the Guard even without federalizing them. As my piece in @cnas.bsky.social’s National Guard series argues, Congress should close this dangerous loophole. www.cnas.org/publications...
Thread.
The @nytimes.com is reporting that the Trump administration has requested deployment of 20,000+ National Guard members to help with immigration enforcement inside the U.S. This is an unprecedented move that raises a host of legal and practical concerns. 1/8
The Department of Homeland Security has requested more than 20,000 National Guard members to help with the Trump administration’s immigration crackdown, according to two U.S. officials with knowledge of the plans.
May 15, 2025 at 8:37 PM
Thread.
Yesterday the Brennan Center filed an amicus brief in support of four companies that challenged Trump’s imposition of worldwide tariffs under the International Emergency Economic Powers Act (IEEPA). 1/15 www.brennancenter.org/our-work/cou...
Amicus Brief in Emily Ley Paper et al., v. Trump
On May 12, 2025, the Brennan Center for Justice filed an amicus brief in Emily Ley Paper et al., v. Trump, opposing the government's motion to transfer the case to the United States Court of Internati...
www.brennancenter.org
May 13, 2025 at 2:24 PM
Yesterday the Brennan Center filed an amicus brief in support of four companies that challenged Trump’s imposition of worldwide tariffs under the International Emergency Economic Powers Act (IEEPA). 1/15 www.brennancenter.org/our-work/cou...