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Hannah James

@hannahajames.bsky.social
330 followers 36 following 31 posts

Counsel at the Brennan Center Views are my own

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Hannah James @hannahajames.bsky.social · 17/09/2026
Yet another reason why Congress must not reauthorize Section 702 surveillance without meaningful reforms:
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Mario Trujillo @mariotrujillo.bsky.social · 27/08/2026
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...
eff.org
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...
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Hannah James @hannahajames.bsky.social · 31/08/2026
Rather than wait for the courts to protect Americans’ privacy on a case-by-case basis, Congress should step in to strengthen protections for private information and establish guardrails on the use of administrative subpoenas by DHS and the dozens of other federal agencies with subpoena authority.
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Hannah James @hannahajames.bsky.social · 31/08/2026
The continued validity of this lenient test has been called into question by recent SCOTUS decisions holding that subpoenas are insufficient to obtain cell phone location information. But it could take years for the Court to address the full range of private information currently sought by subpoena.
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Hannah James @hannahajames.bsky.social · 31/08/2026
Even if challenged, subpoenas historically have been upheld if authorized by statute and not overbroad or unduly burdensome—a much lower bar than the probable cause standard that the Fourth Amendment typically requires for government searches.
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Hannah James @hannahajames.bsky.social · 31/08/2026
And because the subpoenas often go to third parties like Google or T-Mobile that are asked (or ordered) not to notify the user, a person may not know the government is seeking their information or have an opportunity to challenge the subpoena in court before the company complies.
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Hannah James @hannahajames.bsky.social · 31/08/2026
As we highlight in @justsecurity.org, administrative subpoenas are ripe for abuse because, unlike warrants, they can be issued without advance judicial approval and enforced without showing probable cause. www.justsecurity.org/153773/admin...
justsecurity.org
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.
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Hannah James @hannahajames.bsky.social · 31/08/2026
In the words of former DHS Inspector General @johnrothdc.bsky.social: “It’s outrageous.”
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Hannah James @hannahajames.bsky.social · 31/08/2026
Equally egregiously, DHS issued multiple subpoenas for journalists’ information in reliance on a statute that authorizes subpoenas in investigations of customs violations, despite the inquiries having no apparent connection to imports or other customs issues.
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Hannah James @hannahajames.bsky.social · 31/08/2026
In one particularly concerning example, DHS used an administrative subpoena to seek a journalist’s records after a judge twice declined to grant search warrants for the same records, citing a lack of probable cause and First Amendment concerns.
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Hannah James @hannahajames.bsky.social · 31/08/2026
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...
justsecurity.org
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.
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Brennan Center @brennancenter.org · 25/08/2026
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.
npr.org
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.
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Hannah James @hannahajames.bsky.social · 17/08/2026
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. ⬇️
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Liza Goitein @lizagoitein.bsky.social · 05/08/2026
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
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Emile Ayoub @emileayoub.bsky.social · 02/07/2026
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:
supremecourt.gov
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Brennan Center @brennancenter.org · 05/06/2026
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.
video.snapstream.net
The Brief With Jim Sciutto - Elizabeth Goitein joins The Brief
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Liza Goitein @lizagoitein.bsky.social · 18/05/2026
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
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Hannah James @hannahajames.bsky.social · 27/04/2026
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...
justsecurity.org
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).
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Liza Goitein @lizagoitein.bsky.social · 17/04/2026
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
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Brennan Center @brennancenter.org · 15/04/2026
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
brennancenter.org
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.
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Liza Goitein @lizagoitein.bsky.social · 10/04/2026
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...
nytimes.com
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Hannah James @hannahajames.bsky.social · 31/03/2026
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.
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Liza Goitein @lizagoitein.bsky.social · 20/02/2026
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...
supremecourt.gov
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Brennan Center @brennancenter.org · 20/02/2026
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.
brennancenter.org
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.
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Brennan Center @brennancenter.org · 09/02/2026
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
justsecurity.org
Expert Survey on DHS, CBP, and ICE Reforms
Experts detail targeted reforms and legislative pathways Congress could enact to improve ICE and CBP accountability.
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Just Security @justsecurity.org · 03/02/2026
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...
justsecurity.org
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.
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Brennan Center @brennancenter.org · 07/01/2026
The Constitution gives Congress, not the president, the power to declare war. bit.ly/49qN4Mv
brennancenter.org
No Legal Basis for Invading Venezuela
1989’s U.S. military action in Panama offers no constitutional cover for Trump’s Venezuela attack.
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Liza Goitein @lizagoitein.bsky.social · 27/10/2025
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...
brennancenter.org
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.
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Hannah James @hannahajames.bsky.social · 24/10/2025
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...
protectprivacynow.org
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...
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Hannah James @hannahajames.bsky.social · 12/09/2025
It makes no sense to read that provision back into the law. It would interfere with the PCLOB’s ability to provide the reliable, nonpartisan analysis and recommendations that are so valuable to Congress, and to the public. 8/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
In response, in 2007, Congress pulled that provision, removing the Board from the president’s supervision and establishing it as a fully independent agency. (7/8)
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Hannah James @hannahajames.bsky.social · 12/09/2025
When Congress first created the Board in 2004, it included a provision of law that gave the president express authority to remove Board members at will. The White House made extensive edits to the Board’s first report to Congress, prompting a Board member to resign in protest. 6/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
If the president could fire PCLOB members at will, it would be harder for Congress to trust that the Board’s recommendations are rooted purely in facts and expertise, without influence from the White House. In fact, Congress learned that lesson the hard way. 5/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
The question for the court is whether the president may legally fire Board members at will. As the members of Congress argue in their brief, he can’t. In fact, Congress deliberately insulated the Board from the president to protect its independence. 4/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
Congress has enacted many of its suggested reforms into law, including shutting down the NSA’s bulk collection of Americans call records. But Congress’s ability to rely on the Board’s analysis and recommendations depends on the Board’s independence. 3/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
PCLOB plays a key role as a check on executive overreach. It’s tasked with ensuring that the government’s counterterrorism efforts don’t violate Americans’ privacy and civil liberties. It conducts deep-dive investigations of govt surveillance programs and makes recommendations for reform. 2/8
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Hannah James @hannahajames.bsky.social · 12/09/2025
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...
brennancenter.org
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Margy O’Herron @margyoh.bsky.social · 05/09/2025
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
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
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...
cbsnews.com
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.
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Brennan Center @brennancenter.org · 02/09/2025
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
apnews.com
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.
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Joseph Nunn @josephanunn.bsky.social · 11/08/2025
THREAD: This morning, President Trump and members of his cabinet announced a set of sweeping, unprecedented, and unwarranted actions to impose federal control over local policing in Washington, D.C.
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Brennan Center @brennancenter.org · 24/07/2025
The government has proposed expanding the mandatory collection of social media identifiers. It would widen social media surveillance to include not only travelers and visa applicants and visa holders, but also their U.S. citizen contacts. www.brennancenter.org/our-work/res...
brennancenter.org
The Government’s Growing Trove of Social Media Data
It’s increasingly collecting and using social media information to make high-stakes decisions related to immigration.
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Spencer Reynolds @sreynolds.bsky.social · 24/07/2025
Border Patrol is buying new tech... "advanced AI" to surveil dense residential areas? Automated surveillance towers? Tech to see through walls?? I talked to @sambiddle.com of @theintercept.com about serious risks amid the agency's increasingly aggressive behavior. theintercept.com/2025/07/23/c...
theintercept.com
Border Patrol Wants Advanced AI to Spy on American Cities
A Customs and Border Protection “Industry Day” deck also asks for drones, seismic sensors, and tech that can see through walls.
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Joseph Nunn @josephanunn.bsky.social · 15/05/2025
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
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Liza Goitein @lizagoitein.bsky.social · 13/05/2025
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...
brennancenter.org
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...
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Brennan Center @brennancenter.org · 05/05/2025
Turning the U.S.–Mexico border into a military zone seems designed to sidestep Congress. It’s the kind of presidential overreach that Congress and the courts should check.
brennancenter.org
How Turning the Border into a Military Zone Evades Congress and Threatens Rights
The administration is trying to evade limits on domestic use of the armed forces.
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Brennan Center @brennancenter.org · 29/04/2025
The line between the military and civilian government is one of the most important safeguards that we have. Creating a military installation on the border? “It steps over that line,” @lizagoitein.bsky.social tells @maddow.msnbc.com www.msnbc.com/rachel-maddo...
msnbc.com
Trump exploits loophole to militarize the border; Americans potential targets of military arrests
Donald Trump has essentially turned the border into a military base in order to be allowed to use the armed forces to make arrests, including of any Americans in the vicinity. Elizabeth Goitein, senio...
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Hannah James @hannahajames.bsky.social · 29/04/2025
The memo deviates drastically from usual 4th Amdt standards and creates serious risks for continued abuses of power. The gov't must be held to its constitutional obligations at all times, and no less so when the language of war is being used. 9/9
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Hannah James @hannahajames.bsky.social · 29/04/2025
The memo relies on the AEA to authorize entry w/ an ICE warrant or no warrant at all, even though the proposed entries do not clearly fit w/in any recognized exception to the warrant reqmt. But the AEA invocation does not erase 4th Amdt rights—nor could it. No law can set aside the Constitution. 8/9
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Hannah James @hannahajames.bsky.social · 29/04/2025
In the immigration context, the 4th Amdt means ICE needs a warrant from a federal judge or an exception to that requirement to enter a home. Critically, an administrative arrest warrant issued by ICE itself does not authorize ICE to enter homes. 7/9
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