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PODCAST

The Briefing with Michael Waldman

Brennan Center for Justice

Every week, Brennan Center president Michael Waldman interviews the leaders, thinkers, and activists who are changing American democracy.

news politics

All Episodes

00:48:31

Presidential Power in the First 100 Days

The Briefing with Michael Waldman ·

2025/05/05

In the first 100 days of his second term, President Trump issued more than 100 executive orders aimed at changing policy through executive authority alone. But has this flurry of orders led to meaningful change? Despite Trump’s sweeping executive actions — ranging from imposing global tariffs and targeting major law firms to declaring an emergency at the southern border and attempting to end birthright citizenship — judges appointed from both parties are pushing back. Already, 46 challenges to

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00:51:55

The Risks of Government by AI

The Briefing with Michael Waldman ·

2025/04/14

On the day President Trump took office, he revoked the Biden administration’s executive order that imposed guardrails on the development and use of artificial intelligence technology. Since then, Vice President JD Vance and DOGE have pushed to integrate AI into critical government functions. But government use of AI raises important questions about data privacy and democratic integrity. Will the adoption of AI truly benefit Americans? How can we trust this process given the unprecedented role of

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00:50:40

Presidents Don’t Control Our Elections

The Briefing with Michael Waldman ·

2025/04/04

President Trump’s new executive order could disenfranchise millions of American citizens, undermine data security, and decertify voting systems across the country. It would give DOGE access to voter records in every state and decertify every voting machine in the United States, costing states hundreds of millions of dollars. Coupled with the SAVE Act, a voter suppression bill that would require every American to provide a document like a passport or birth certificate to register or re-register to

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52:50

A Presidential Lawbreaking Spree

The Briefing with Michael Waldman ·

2025/03/04

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

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51:49

Do the Police Care About White Supremacist Violence?

The Briefing with Michael Waldman ·

2025/02/20

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

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25:15

Trump's Theory of Power

The Briefing with Michael Waldman ·

2025/02/05

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 Just Security, 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

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52:50

Insurrection Inc.

The Briefing with Michael Waldman ·

2024/12/19

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, Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians, Stetson University law professor Ciara

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50:11

Analyzing Trump's Plan to Invoke the Alien Enemies Act

The Briefing with Michael Waldman ·

2024/12/13

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

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53:48

An Insider’s Guide to the Election Results

The Briefing with Michael Waldman ·

2024/11/08

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

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49:40

What's at Stake on State Ballots

The Briefing with Michael Waldman ·

2024/10/31

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

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53:41

Promoting Justice and Public Safety Since the Pandemic

The Briefing with Michael Waldman ·

2024/10/23

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

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53:41

Latinos and the Far Right

The Briefing with Michael Waldman ·

2024/10/17

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,

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57:22

The Fight Against Originalism Continues

The Briefing with Michael Waldman ·

2024/10/10

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,

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48:52

What to Expect From the Supreme Court Term

The Briefing with Michael Waldman ·

2024/10/04

On October 7, the Supreme Court begins its 2024–2025 term — the fourth in which it is dominated by a supermajority of conservative justices. Just months after a disastrous presidential immunity decision, and in the face of continued controversy over the justices’ ethics and partisanship, the Court will reconvene to hear arguments on issues with profound consequences for American life. Among the questions on the docket: whether so-called “ghost guns” are subject to regulation, whether prosecutorial

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51:58

The Experts’ Guide to Free and Fair Elections

The Briefing with Michael Waldman ·

2024/09/27

Election workers are unsung heroes, ensuring behind the scenes that our elections run smoothly and securely. Yet many people don’t fully grasp what their job entails, leaving room for election deniers to spread misinformation. This lack of understanding has fueled a disturbing rise in threats, intimidation, and abuse against election officials since 2020. This live panel was moderated by the Brennan Center’s Natalie Tennant, former secretary of state of West Virginia, and it featured Adrian Fontes,

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57:04

Solutions for a Threatened Democracy

The Briefing with Michael Waldman ·

2024/09/24

Efforts to undermine trust in elections, marked by disinformation campaigns and attempts to overturn results, have surged. A new book, Our Nation at Risk, exposes how these assaults on election integrity pose a serious threat to national security. Featuring perspectives from leading political scientists, historians, and legal experts, it explores the escalation of these threats and presents concrete solutions to address them. Listen to a recording of our virtual discussion on how to fortify our

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42:03

The Data Behind Bail Reform

The Briefing with Michael Waldman ·

2024/08/28

Cities, states, and counties across the nation have curbed the use of money bail. Reformers say that jailing criminal defendants who can’t afford to buy their pretrial freedom punishes poverty. Opponents, however, blamed the uptick in crime during the Covid-19 pandemic on bail reform and pushed to roll back the changes. So what’s the truth — did bail reform cause an increase in crime? Terry-Ann Craigie, associate professor of economics at Smith College and economics fellow in the Brennan Center’s

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54:14

A Historic Moment for Supreme Court Reform

The Briefing with Michael Waldman ·

2024/08/21

It’s time to reform the Supreme Court. The founders would not recognize the modern incarnation of what Alexander Hamilton called “the least dangerous” branch. The Court wields far more power on far more issues than it did in the 18th century. And it does so in the absence of adequate checks and balances. The individual justices hold this power longer than they ever have. For the first 180 years of U.S. history, justices served an average of approximately 15 years. In recent years, justices have

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51:44

Fix The Insurrection Act

The Briefing with Michael Waldman ·

2024/08/01

The Insurrection Act gives presidents dangerous authority to use the U.S. military as a domestic police force It has virtually no limits on when and how this power can be used, making it ripe for abuse by any leader. Without urgent reforms, the law is a threat to civil liberties — and American democracy itself. In a conversation moderated by the Brennan Center’s Elizabeth Goitein, lawyer and writer Hawa Allan, Harvard law professor Jack Goldsmith, and Brennan Center counsel Joseph Nunn discuss how

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54:21

A Supreme Fact Check

The Briefing with Michael Waldman ·

2024/07/10

The Supreme Court’s conservative supermajority has taken a hard originalist turn, citing history to justify rulings that have eliminated many long-standing American rights. What exactly does originalism mean? Should history be the sole source of rights? And what if the history that the Court has relied on is flat-out wrong? Listen in on a discussion from October 12, 2023 moderated by Adam Serwer of the Atlantic with historians Laura Edwards, professor at Princeton University; Kate Masur, professor

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