Elizabeth Goitein, Co-Director of the Liberty and National Security Program at the Brennan Center for Justice (NYU School of Law), recently wrote an article for The Atlantic, "What the President Could Do If He Declares a State of Emergency." It lays out in grim detail a series of scenarios that could unfold if Trump uses the emergency powers contained in 123 (count 'em) statutory provisions. Goitein is considered one of the foremost experts in this field and will be leading an impressive roster of speakers and panelists at a day-long symposium, "Emergency Powers in the Trump Era and Beyond," in Washington, D.C. as this program is airing.
In her Atlantic piece, Goitein lays out the apparently ill-defined Constitutional authority for and limits on presidential emergency powers (and executive authority in general). She presents numerous historical examples of the use of emergency decrees in different situations and under various pretexts, such as Japanese internment, imposing sanctions, fighting "terrorism," suppression of uprisings/"riots," warrantless wiretapping, etc. She also outlines the history of how Congress has in general expanded presidential emergency powers and the Supreme Court has often either "upheld such actions or found ways to avoid reviewing them..." Goitein writes.
Because of the critical importance of this issue, host Paul Roland will make an exception to his general rule of having guests live on the air and present a pre-taped interview with Ms. Goitein in the first half of the show, with time for listener feed-back and discussion afterwards.
[Opening song: Clampdown by The Clash on London Calling]
- KBOO