A Presidential Lawbreaking Spree
Brennan Center LIVE
In the first few weeks of his second term, Donald Trump has engaged in a display of unprecedented executive power, in most cases without legal authority. This lawbreaking spree has extended to his unelected patron, Elon Musk. Courts across the nation have responded, demanding that the new administration comply with federal statutes and proving that the Constitution still matters. Everyone has to follow the law — even presidents. While no one can be totally sure what will happen next during these extraordinary times, Brennan Center experts can tell you what should happen next, according to...
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Do the Police Care About White Supremacist Violence?
Brennan Center LIVE
Law enforcement has long overlooked the dangers of white supremacy and far-right violence both in the community and within its ranks. The January 6 insurrection made this problem much harder to deny. In a new book, Policing White Supremacy: The Enemy Within, Mike German draws on research and his experiences as an FBI undercover agent infiltrating white supremacist groups to reveal law enforcement’s alarmingly permissive approach to domestic extremism. Listen to a recording of a conversation with German and Natalie Tennant, Kanawha County commissioner and former West Virginia secretary of...
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Trump's Theory of Power
Brennan Center LIVE
President Trump began his second term with a slew of executive orders regarding the TikTok ban, birthright citizenship, and border enforcement, among other things. While his actions cover a wide range of topics, there is a common theme: the unprecedented broadening of presidential authority. In a new analysis published in , Dean Emeritus of NYU Law Trevor Morrison analyzes how Trump's claim to an expansive executive power violates statutes and the Constitution. Listen to a conversation with Morrision and Brennan Center Fellow Wilfred Codrington III as they break down Trump’s opening...
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Insurrection Inc.
Brennan Center LIVE
The 2024 election broke spending records, highlighting the growing power of big money in politics. Megadonors back candidates to push their own interests and buy access and influence in our government. At the same time, the rise in untraceable dark money from undisclosed sources has made it increasingly difficult to identify who is really behind this spending. In a new book, , Stetson University law professor Ciara Torres-Spelliscy reveals how corporations are fueling these trends, from bankrolling politicians to funding candidates with dark money. Listen to a recording of our virtual...
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Analyzing Trump's Plan to Invoke the Alien Enemies Act
Brennan Center LIVE
Donald Trump has vowed to launch the biggest deportation scheme in U.S. history, in part by invoking the Alien Enemies Act of 1798 on his first day in office. This outdated law ast used to intern tens of thousands of foreign nationals of Japanese, German, and Italian descent during World War II. Does Trump have the power to carry out his plans now? Can we rely on Congress or the courts to stop him? Our expert panel discusses the law’s shameful history, how the incoming administration plans to use the law, and what obstacles might stand in the way. If you enjoy this program, please give us a...
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An Insider’s Guide to the Election Results
Brennan Center LIVE
Rather than days of uncertainty, voters delivered a snap victory to Donald Trump. How will our democratic institutions respond to Trump’s plans to stretch presidential powers to their limits? Brennan Center experts explore what may come next. Recorded on November 7, 2024. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating. Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing:
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What's at Stake on State Ballots
Brennan Center LIVE
Electing a president is not the only high-stakes choice voters will make in November. In Ohio, citizens will vote on a constitutional amendment that would end gerrymandering. Voters in 10 states have the opportunity to amend their state constitutions to affirm or expand protections for abortion care. Three states will decide whether to remove language against same-sex marriage from their state constitutions. All states but Delaware require voters to approve proposed amendments to state constitutions. Half of all states have a constitutional right to direct democracy, allowing citizens to...
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Promoting Justice and Public Safety Since the Pandemic
Brennan Center LIVE
Crime has long been a political wedge issue used to stoke anxiety and stir division, and this election cycle has been no different. Although the pandemic crime spike is receding, the politicians who fearmongered about crime in 2020 continue to call for harsher punishments and the repeal of reforms. Law enforcement officials and other experts understand that public safety and fairness are not competing interests — they go hand in hand. Brennan Center research proves as much, and groups like Law Enforcement Leaders to Reduce Crime & Incarceration know it from experience. This group of...
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Latinos and the Far Right
Brennan Center LIVE
A white supremacist of color seems like a contradiction. Yet recent years have brought to light unsettling examples, including an Afro-Latino leader of the Proud Boys and a Latino mass shooter with neo-Nazi sympathies. These men are among a small but growing number of Latinos in the United States who gravitate toward the far right and adopt radical views on race, Christian nationalism, and immigration. In an eye-opening new book, Defectors, Emmy Award–winning journalist Paola Ramos uses interviews, historical context, and expert analysis to shatter the longtime understanding of Latinos...
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The Fight Against Originalism Continues
Brennan Center LIVE
In its last term, the Supreme Court undermined the federal government’s power to solve problems and the people’s ability to hold their political leaders accountable. The Court was flooded with false historical arguments, and the justices relied on profoundly flawed ideas about the deep American past to help justify their radical overhaul of the law. Additionally, the Court’s conservative supermajority was forced to confront the implications of one of its most damaging originalist rulings, Bruen, which undermined gun control nationwide. Meanwhile, in lower courts around the country,...
info_outlineMost of the more than 1 million Americans in prison — disproportionately low-income people of color — will return to their communities after serving long sentences with few resources and little support. Recidivism rates remain stubbornly high. The criminal justice system, then, fails to produce public safety even as core values such as equality, fairness, and proportionality have fallen by the wayside.
The new book Excessive Punishment: How the Justice System Creates Mass Incarceration, edited by the Brennan Center’s Lauren-Brooke Eisen, features essays from scholars, practitioners, activists, writers who experienced incarceration, and others. The contributors explore the social costs of excessive punishment and how to ensure public safety without perpetuating the harms of mass incarceration.
Listen to the recording of our virtual panel from earlier this month with contributors to the book:
Jeremy Travis, Senior Fellow at Columbia Justice Lab
Nkechi Taifa, President of the Taifa Group
Khalil Cumberbatch, Senior fellow at the Council on Criminal Justice and co-CEO of Edovo
If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating.
Find out more about the book here: https://bookshop.org/p/books/excessive-punishment-how-the-justice-system-creates-mass-incarceration-lauren-brooke-eisen/20877826?ean=9780231212168
Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing