Your weekly source for analysis and insight from experts at the Brennan Center for Justice
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The Briefing
This is a time of pain, righteous anger, and sorrow for our country.
The killing by police officers of George Floyd demands justice and accountability. It reflects the deep structural racism evident in the killing of Ahmaud Arbery and Breonna Taylor, in racialized threats of violence in Central Park, and in similar events in so many communities for so many centuries. This hurt runs especially deep among Black Americans. If we are to heal as a nation it must be shared and understood by all Americans.
This past week, thousands took to the streets to speak out. At this very moment, the president has chosen to threaten violence, spew hate, and brandish the use of the military. Yesterday, to make way for a grotesque photo op, nonviolent protesters were cleared from Lafayette Square outside the White House by flash bombs, tear gas, and rubber bullets, all so the president could strut through and brandish a Bible. Black Hawk helicopters buzzed civilian neighborhoods at rooftop height in an effort to scare demonstrators. It was a low point in the long history of the American presidency.
The abuse of executive power does not only pose an abstract risk for the Constitution. Throughout our history, it has been wielded, especially, at communities of color. We saw that in the use of a phony “emergency” to build a wall aimed at demonizing Latinos. We saw it, too, in the illegal executive order banning travelers from many predominantly Muslim countries in the first days of this presidency.
At the Brennan Center, we will continue our fight for voting rights, to end mass incarceration, for fair representation, to fight for the Constitution, to ensure America lives up to promises made long ago that have never been realized.
It is a time for good people everywhere to speak with one voice. To root out racism, uphold justice, and strengthen our democracy so it works for all — and especially for those so long marginalized. To grieve, and also to organize. Together we can turn pain into purpose.
Constitution
Yes, Trump Can Legally Deploy Troops to Suppress Protests
On Monday, Trump took his threats from Twitter to the Rose Garden, warning that he will deploy federal troops to suppress protests. Unfortunately, the law might be on his side. “Over two centuries ago, Congress passed a statute giving the president broad authority to deploy the military in response to civil unrest,” writes Elizabeth Goitein. “Even under the most responsible command, injecting military forces into a domestic crisis has the potential to make a bad situation worse. Under Trump, it could be disastrous.” // Boston Globe
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Claims that Outsiders Are Turning Protests Violent Will Justify More Use of Force by Police
Leaders across the country have said they believe that violence that broke out at some protests was started by outside agitators. “To a certain degree, law enforcement wants to present these protesters as outside agitators because they can justify more aggressive use of force against them,” Brennan Center Fellow Michael German tells Pittsburgh Action News. “I’m concerned that the way the administration is responding... is only going to further the kind of social division that often leads to political violence.” // Pittsburgh Action News
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Why the Surveillance State Is Everyone’s Problem
The New York City Police Department monitors Facebook, Twitter, Instagram, and YouTube accounts — particularly those of young Black men — and residents have pointed to surveillance cameras liberally sprinkled throughout Black neighborhoods. The NYPD’s deployment of technology to watch communities of color is part of a much longer story of government surveillance often disproportionately focused on marginalized groups. “We ignore this history at our peril,” Rachel Levinson-Waldman wrote in a piece from 2015 that is still relevant today. “If we fail to act when one group finds itself targeted by the government, we will soon find we are all under the microscope.” // Read More
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Justice
Cash Bail Explained
In the wake of protests against police brutality, donations to bail funds spiked over the weekend to help get arrested protesters released. The Minnesota Freedom Fund, for instance, received nearly $20 million. The interest in cash bail sparked by the protests is a reminder that the United States is one of the only countries in the world with a cash bail system that is dominated by commercial bail bondsmen. And as Adureh Onyekwere explains, cash bail discriminates most against Black and Latino men as well as low-income people. // Read More
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Democracy
10 Voter Fraud Lies Debunked
Trump and his allies have long claimed, without evidence, that different aspects of our elections are infected with voter fraud. “Before mail voting,” writes Max Feldman, “they pushed similar narratives about noncitizen voting, voter impersonation, and double voting in order to enact laws that reduce turnout and discredit adverse election results.” He lays out 10 of the most egregious voter fraud claims of the past five years. // Read More
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Promise and Peril as Courts Go Virtual Amid Covid-19
Courts at all levels have started holding remote proceedings as a way to continue their work during the coronavirus pandemic. But courts must be careful they’re not jeopardizing justice along the way, argue Douglas Keith and Alicia Bannon. “As trial courts adopt new technologies amid the ongoing pandemic, they must consider the potential downsides of video hearings before pursuing longer-term shifts toward remote proceedings,” they write. // Read More
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Coming Up
Myrna Pérez will testify before Congress on Wednesday at 10 a.m. about protecting the right to vote during Covid-19 // Watch live
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Lawrence Norden will testify before Congress on Thursday at 1 p.m. about ensuring safe and fair elections during Covid-19 // Watch Live
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VIRTUAL EVENT: Is the ‘Deep State’ Real?: David Rohde on Accountability in Intelligence Agencies
Tuesday, June 9 | 6:00–7:00 p.m. EDT | RSVP Today
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Pulitzer Prize–winning journalist David Rohde will be joined by former FBI agent and Brennan Center Fellow Michael German in a discussion about American intelligence and law enforcement agencies, abuses of power, and whether democratic accountability and political neutrality are possible.
News
Spencer Boyer on coronavirus, disinformation, and democracy // Cable Podcast
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Lauren-Brooke Eisen on why prison reform in the time of Covid-19 matters now more than ever // Bloomberg
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Max Feldman on false claims of voter fraud // AFP Fact Check
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Michael German on Trump’s plan to label antifa as a terrorist organization // American Independent
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Elizabeth Goitein on the House’s failure to vote on a bill to reauthorize provisions of the Foreign Intelligence Surveillance Act // Courthouse News
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Sean Morales-Doyle on the court decision striking down voting restrictions in Florida // Daily Beast
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Myrna Pérez on voter purges in a vote-by-mail world // CNN
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Wendy Weiser on how the fairness and accessibility of absentee balloting rules are essential // American Prospect
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.
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