History and the Constitution speak clearly on the issue of immunity. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Drew Angerer/Getty

History Cuts Against Presidential Immunity

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The Supreme Court heard oral arguments recently on former President Trump’s claim that he’s immune from prosecution for attempting to overturn the 2020 election. But rather than unpack the facts of the case, several of the justices speculated on possible scenarios in which future presidents may be prosecuted. For the justices to reach the right outcome, they need to stop spinning hypotheticals and focus on what we know: presidents have never been immune, and Trump certainly can’t be immune for trying to stop the peaceful transfer of power

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Police Online Surveillance and Free Speech

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A Freedom of Information Act lawsuit by the Brennan Center and Data for Black Lives revealed that Washington, DC, police have spent years quietly monitoring people’s social media data and First Amendment–protected activities. Internal records show that the police used tools from private vendors that they claimed could predict extremism, keep tabs on protesters and their networks, and identify persons of interest in an investigation. This window into the secret world of social media monitoring demonstrates why we need to establish robust guardrails around law enforcement’s use of online surveillance tools

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Election Officials Ramp Up Safety Measures, but Concerns Remain

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Four years after the tumultuous 2020 election, large numbers of election officials continue to experience unacceptable levels of threats, abuse, or harassment for doing their jobs, according to the latest edition of the Brennan Center’s annual survey

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of local election officials. Many report being concerned about the safety of their staff and colleagues and the possibility of political interference in the upcoming election. But there is cause for reassurance — more than 90 percent of surveyed officials said they have taken steps to ensure that elections are safe and secure for everyone. Supporting their efforts is crucial to allowing voters and election workers to participate safely in the democratic process

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Blunting AI Threats to Elections

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As the Brennan Center’s AI and Democracy series

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has highlighted, artificial intelligence tools stand to create new dangers and amplify long-standing threats to our elections. Tech titans’ modest pledges to address these risks don’t go far enough. To protect voters from AI-assisted misinformation, wrongful purges, and other harms in the upcoming election, companies must strengthen their policies for identifying AI-generated content and boosting authentic and accurate election information

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Violent Crime on the Decline

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Despite the spread of misleading statements about crime and public safety, the most recent FBI data and city-level reports have brought promising news: violent crime dropped significantly in 2023. This decline, coming on the heels of decreases in violent crime over the previous two years, undercuts attempts to blame criminal justice reform for spikes in violence. A new Brennan Center explainer breaks down the best information we have available, common criticisms of the data, and notable trends

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Profits vs. Bail Reform

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Hundreds of thousands of people are detained for months or even years before standing trial because they can’t afford bail. Efforts to repair this unfair system are often stymied by lobbying by the multibillion-dollar bail bond industry. Our new analysis takes a deep dive into the workings of the industry and its campaign to kill bail reforms. Changes to the system should center on fairness and public safety — not the bail industry’s bottom line

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PODCAST: The Failed Experiment of Mass Incarceration

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Our latest podcast episode features contributors to the new book Excessive Punishment: How the Justice System Creates Mass Incarceration

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, edited by the Brennan Center’s Lauren-Brooke Eisen. They discuss how to ensure public safety without perpetuating the harms of the current system. Listen on Spotify

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, Apple Podcasts

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, or your favorite podcast platform

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BRENNAN CENTER ON SOCIAL MEDIA

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A Michigan country sheriff explains the importance of discretion when it comes to where and how police officers are deployed. Watch now on TikTok >>

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See the full Brennan Center event Misdemeanors by the Numbers on YouTube >>

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