Congress Intelligence

The Lawfare Podcast: Preston Marquis, Molly Reynolds, and Benjamin Wittes on the Two House FISA Sec. 702 Bills

Stephanie Pell, Preston Marquis, Molly E. Reynolds, Benjamin Wittes, Jen Patja
Tuesday, December 12, 2023, 8:00 AM
Where does FISA reauthorization stand in Congress?

Published by The Lawfare Institute
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FISA Section 702 is set to expire on Dec. 31, 2023. Last week, two bills were marked up by two different House committees—one in the House Judiciary Committee and one in the House Permanent Select Committee on Intelligence. To talk about these very different approaches to FISA Section 702 reauthorization and reform, Lawfare Senior Editor Stephanie Pell sat down with Preston Marquis, a JD candidate at Harvard Law School and a former analyst at the Central Intelligence Agency; Molly Reynolds, Senior Editor at Lawfare; and Benjamin Wittes, Lawfare’s Editor-in-Chief. They discussed some of the key differences between these bills, the abnormal politics surrounding this reauthorization process, and an unusual floor procedure called Queen of the Hill that may be used for consideration of both of these bills.

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.
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.
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.
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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