Your weekly source for analysis and insight from experts at the Brennan Center for Justice
The Briefing
This is a pivotal time in our nation’s history. The sustained protests of the past two weeks have been inspiring, necessary, and centuries in the making.
In many ways, they have also been successful. The protesters have sparked a conversation about policing, systemic racism, and police brutality that lawmakers and police officials can no longer ignore. On Monday, the Brennan Center submitted written testimony to the President’s Commission on Law Enforcement and the Administration of Justice and made federal recommendations on how to police the police.
In their testimony, my colleagues Spencer Boyer and Lauren-Brooke Eisen demanded that Attorney General William Barr and the commissioners acknowledge the racial disparities in our justice system and the disproportionate killing of Black Americans at the hands of police officers. The statistics are damning and worth repeating. Black Americans are 3 times more likely to be killed by police than white Americans, and they are 1.3 times more likely to be unarmed than white Americans when they are killed by police. And when police officers kill in the line of duty, no charges are filed against them 99 out of 100 times.
Nevertheless, since taking office, the Trump administration has rolled back federal oversight of our nation’s police forces as well as dismantled a Department of Justice program that helped police departments grapple with racial bias and reform use-of-force policies. The result: tragedy upon tragedy.
To help right these wrongs, we recommended that the Department of Justice avail itself of its robust statutory authority to investigate police departments and bring about widespread systemic change. This must happen in Minneapolis, where George Floyd died underneath an officer’s knee, and in Louisville, Kentucky, where Breonna Taylor was killed in a no-knock raid gone horrifically wrong.
This is the least the federal government can do to address police violence and civil rights abuses by law enforcement. But much more is needed, and everyone in the streets is right to demand it. As Boyer and Eisen wrote to the president’s commission, “Americans are calling for change and law enforcement cannot be at odds with the people they serve to protect.” It’s time for elected leaders and law enforcement leaders to finally listen and rein in out-of-control police departments.

 

Democracy
The Disproportionate Racial Impact of Long Wait Times
Even under the best of circumstances, Black and Latino Americans face longer wait times on Election Day than white voters. Add a pandemic to the mix, and you could see a repeat of Wisconsin’s April primary all across the nation. Before the vote, Milwaukee, the most diverse city in a largely white state, reduced its polling places from 180 to just 5. The result: snaking lines of voters, often of color, waiting hours to vote in full PPE.
 
To avoid this scenario in November, states and localities must establish coronavirus-safe polling places that are designed, equipped, staffed, and available in enough numbers to accommodate people — particularly voters of color — who rely on polling places to cast their vote. “In the past, long wait times were disruptive and disenfranchising,” writes Myrna Pérez in the report’s foreword. “In the middle of a pandemic, they could also be deadly.” // Read More
Preparing for Cyberattacks and Technical Problems During Covid-19: A Guide for Election Officials
After taking crucial steps to improve election security, state and local election officials now face the additional challenge of ensuring secure and safe elections in the midst of a pandemic. The changes necessary, if not properly managed, could create new targets for those interested in disrupting American elections through cyberattacks. This new report by the Brennan Center’s election security team seeks to assist officials as they revise their cyber resiliency plans in light of Covid-19. // Read More
Trump’s EPA Is Undermining Its Own Scientists
The Trump administration’s longstanding hostility to science has been especially evident in the realm of environmental policy. The EPA has used the coronavirus pandemic as an excuse to stop enforcing environmental laws, even as new research shows that current allowable levels of particulate matter pollution are too high. “Because of large racial inequities in housing and wealth, Black and Latino communities are more likely to be exposed to high concentrations of these particles than white people,” writes Gareth Fowler. “And evidence suggests that high exposure to particulate matter and other air pollutants increases mortality from Covid-19, which may be a factor in the disproportionately high death rate in communities of color in the United States.” // Read More

 

Justice
How Our Police Reform Moment Could Turn into a Lasting National Movement
We can see already in the massive nationwide protests that have taken place since George Floyd was killed by police that something truly different is happening on our streets. The protesters don’t want piecemeal reforms. Instead, as Brennan Center Fellow Andrew Cohen writes, they want “wholesale changes that would transform policing in America: the ‘abolition’ of police departments as we know them and the ‘defunding’ or dismantling of police forces so they can be reimagined as avatars of public safety rather than as oppressors.” // Read More
As America Reopens, Prisoners Remain at Risk of Covid-19
As states begin reopening businesses with social distancing measures in place, people in prisons continue to report dire conditions. Prisoners can’t stay apart from one another. They use the same bathrooms and phones, eat together, share crowded cells and dorms, and lack basic hygiene supplies.“Even though places are reopening … it’s really important not to forget people behind bars,” Lauren-Brooke Eisen tells the Appeal. “Cases rise day after day. It’s virulent behind bars.” // The Appeal

 

Constitution
Police Attacks on Protesters Are Rooted in Reactionary Grievance
The government’s actions in the past week reflect entrenched, longstanding problems in American policing. Law enforcement’s response to dissent follows a pattern, with police cracking down on movements for racial, social, and environmental justice, while giving violent white nationalists who beat people in the street a free pass. “We already see that there is this dynamic where the police officers view people who protest police violence as enemies they can use further violence against,” Brennan Center Fellow Michael German tells Intercept. “Particularly in protests, it’s not just that the police want to arrest somebody who’s a problem. They want to mete out punishment.” // The Intercept
5 Ways Protesters Can Keep Their Data Safe
As protests continue across the country, it’s important that protesters know how to protect themselves from electronic surveillance. Ángel Díaz shares tips for keeping data safe. // Watch
Twitter and Reddit Support Lawsuit Challenging Social Media Vetting of Visa Applicants
Twitter, Reddit, and a trade association representing over 40 major internet companies told a federal court last week that the State Department’s policy requiring visa applicants to register their social media handles violates the First Amendment. Their friend-of-the-court brief comes in a lawsuit filed by the Brennan Center, Knight First Amendment Institute, and the law firm Simpson Thacher on behalf of the Doc Society and the International Documentary Association. “The suit argues that the registration requirement gives their members and partners an unacceptable choice: be careful and possibly limit what they share on social media — or be denied entry to the United States,” writes Harsha Panduranga. // Read More

 

Coming Up
  • VIRTUAL EVENT: Why Fixing Democracy Is Easier Than You Think with David Litt and Valerie Jarrett
    Tuesday, June 16 | 6:00–7:00 p.m. EDT | RSVP Today
    David Litt, ex-Obama speechwriter and head writer/producer for the DC office of Funny or Die, will be joined by his former White House boss, Valerie Jarrett, to discuss his new book, Democracy is One Book or Less — an “unexpectedly hilarious” look at the bold changes that are within our grasp, and how to restore the balance of power in this country before it’s too late.
  • The New York City Council will vote on the POST Act, a police surveillance reform bill. “In a time where New Yorkers are coming together to protest the over-policing of communities of color, it’s essential that we have oversight and accountability over surveillance tools to prevent an era of digital stop-and-frisk,” says Ángel Díaz. // Read More

 

News
  • Edgardo Cortés on the systems and equipment needed for a safe election // CBS News
  • Michael German on politicians and law enforcement citing outside agitators at protests to justify greater police violence // AP
  • Elizabeth Goitein on the dangers of presidential emergency powers // ABC News
  • Elizabeth Howard on the challenges election officials faced during last week’s primaries // Washington Post
  • Faiza Patel on Trump’s attempts to connect the antifa movement with terrorism // Snopes
  • Myrna Pérez on North Carolina’s absentee voting bill // NC Public Radio
  • Dan Weiner on proxy voting // Roll Call