Congress Surveillance & Privacy

The Lawfare Podcast: FISA 702 Passes the House

Benjamin Wittes, Molly E. Reynolds, Stephanie Pell, Preston Marquis, Jen Patja
Tuesday, April 16, 2024, 8:01 AM
What happens next for FISA Section 702 reauthorization? 

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Friday morning, the House of Representatives suddenly—after failing to do so earlier in the week—took up the reauthorization of FISA 702. They considered a bunch of amendments, one of which failed on a tie vote, and then proceeded to pass reauthorization of 702. 

Immediately after the votes, Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Stephanie Pell and Molly Reynolds, and Lawfare Student Contributor Preston Marquis. They talked about how the center beat the coalition of the left and right on the key question of warrant requirements for U.S. person queries, about whether the civil liberties community gained anything in this protracted process or whether the administration just kicked its butt, about what happens now as the bill goes back to the Senate, and about all the little details that went into this bill. 

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Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Molly Reynolds is a senior fellow in Governance Studies at the Brookings Institution. She studies Congress, with an emphasis on how congressional rules and procedure affect domestic policy outcomes.
Stephanie Pell is a Fellow in Governance Studies at the Brookings Institution and a Senior Editor at Lawfare. Prior to joining Brookings, she was an Associate Professor and Cyber Ethics Fellow at West Point’s Army Cyber Institute, with a joint appointment to the Department of English and Philosophy. Prior to joining West Point’s faculty, Stephanie served as a Majority Counsel to the House Judiciary Committee. She was also a federal prosecutor for over fourteen years, working as a Senior Counsel to the Deputy Attorney General, as a Counsel to the Assistant Attorney General of the National Security Division, and as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of Florida.
Preston Marquis is a J.D. candidate at Harvard Law School. He earned his bachelor’s degree from Georgetown University’s School of Foreign Service, where he also completed a master’s degree in the Security Studies Program. Prior to law school, Preston was an analyst with the Central Intelligence Agency for over five years.
Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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