The Briefing with Michael Waldman

Recently, we’ve seen an escalation in efforts to meddle with elections, from the dangerous SAVE Act, which is gaining momentum in Congress, to President Trump himself calling for “nationalizing” the counting of ballots.  Less known is how the administration is leveraging the Department of Justice (DOJ) to subvert the vote. Over the last several months, the DOJ has been demanding access to voter rolls and suing states that don’t comply — a move that is not only unlawful but raises numerous alarms.  In this episode, former DOJ officials and Brennan Center experts break down what’s happening inside the department, why it matters for the future of free and fair elections, and what can be done to stop the administration from undermining the rule of law.Recorded on February 10, 2026.Speakers:Eileen O’Connor, Senior Counsel and Manager, Democracy Program, Brennan Center Chris Berger, Patricia Bauman Senior Fellow, Brennan CenterHost: Michael Waldman, President and CEO, Brennan CenterKeep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Our government can often be defined by inefficiency and gridlock. We see big promises but inadequate action on many issues Americans care about, from health care to the environment.Author and scholar Marc Dunkelman thinks he can explain why. In his new book Why Nothing Works, he makes the case that progressive efforts to constrain authority and make processes more democratic have, in fact, left many parts of our government unresponsive and unable to function, creating a cycle of distrust and disappointment.This episode is part of a broader conversation seeking to answer this question: What will the next reform movement look like? Listen as Marc explains how we can break through the red tape and better ensure our democracy is able to serve everyone.SpeakersMarc Dunkelman: Fellow, Brown University's Watson School for International and Public Affairs; Senior Fellow, Searchlight Institute; and author of Why Nothing WorksMichael Waldman, President and CEO, Brennan CenterRecorded on January 26, 2026.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Following the second killing of an American by ICE agents in Minneapolis, Attorney General Pam Bondi sent a letter to Minnesota Governor Tim Walz linking the violence in Minnesota to a demand that the state give the Justice Department complete access to the state’s voter rolls, among other requests.It’s an outrageous and unambiguous abuse of power. It’s also part of a broader strategy to undermine elections heading into the 2026 midterms. Listen as experts break down what has happened and discuss how we can both respond to ICE and protect our elections in this troubling moment.Recorded on January 27, 2026.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Americans are unhappy with their government. They’ve connected the dots: Corruption and self-dealing at the highest levels have led to voters feeling left out, left behind, and disconnected from government. What could solve the problemThe Brennan Center has begun publishing a series of policy solutions, starting with “Nine Solutions for Corruption in America.” It’s a new publication that addresses money in politics, government ethics, and more.This is an episode not about restoring what was, but thinking anew. Join us as we speak to Celinda Lake, a top Democratic pollster, and Daniel Weiner, coauthor of our new paper, as we discuss what has happened, how Americans are responding, and what we can do to combat corruption.

Over the weekend, the Trump administration launched a military operation in Venezuela to capture President Nicolas Maduro. Such an aggressive use of war powers without congressional consent is alarming and in many ways unprecedented. Trump is declaring victory. Critics are decrying a breach of checks and balances. What are the implications of this unilateral abuse of military force, and what could happen next?Listen as leading experts from the Brennan Center discuss what happened, break down the legal issues at play, and reveal what Congress can do right now to respond.Speakers:Elizabeth Goitein, Senior Director, Liberty and National Security Program, Brennan CenterKatherine Yon Ebright, Counsel, Liberty and National Security Program, Brennan CenterModerator: Michael Waldman, President and CEO, Brennan CenterRecorded on January 6, 2026.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

This year we saw extraordinary threats to American democracy: an executive power grab, attacks on the freedom to vote, and more. Yet we also saw a growing response, from court rulings to citizen alarm. What happened? And what can we expect next?Speakers:Sean Morales-Doyle,  Director, Voting Rights and Elections ProgramWendy Weiser, Vice President, Democracy ProgramDaniel I. Weiner, Director, Elections and Government ProgramKatherine Yon Ebright, Counsel, Liberty and National Security ProgramModerator: Michael Waldman, President and CEORecorded on December 16, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

For a generation, presidential races were blowouts. Every winner between 1980 and 1996 won by at least 37 Electoral College votes. These landslides relegated conspiracy theories about contested elections to the political fringes.Then came 2000. The last polls showed a dead heat. On election night, the networks called it for Al Gore, then retracted their calls, then called it for George W. Bush, and retracted again.Ultimately, five Supreme Court justices, all appointed by Republican presidents, put an end to the recount underway in Florida and effectively declared Bush the winner. The fractured opinions were a maze of disagreements, with the majority warning that the opinion should not be cited as precedent. Their reasoning flummoxed legal scholars — even those who agreed with the outcome. Listen as experts involved in the case discuss how it changed the relationship between Americans and elections and between elections and the courts.Speakers:David Boies, Founding Partner, Boies Schiller FlexnerBenjamin Ginsberg, Volker Distinguished Visiting Fellow, Hoover Institution; National Counsel, Bush-Cheney Presidential CampaignBarbara Pariente, Justice (retired), Florida Supreme CourtWendy Weiser, Vice President, Democracy, Brennan Center for JusticeModerator: Michael Waldman, President and CEO, Brennan CenterRecorded on December 9, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Over the past several months, the Trump administration has undertaken a congressionally unauthorized military campaign against supposed “narco-terrorists” in international waters. One of the administration’s attacks in particular has roiled Washington — according to recent reporting, military officials ordered a follow-up strike that killed survivors of an attack on an alleged drug boat. Since the revelation, Trump officials have scrambled to explain the legal justification and who was ultimately responsible.  Listen as Brennan Center expert Katherine Yon Ebright and Michael Waldman break down why these strikes are unlawful and discuss how Congress should respond.   If you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating.  Recorded on December 5, 2025.  Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.  The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office. 

U.S. politics today can be defined by extreme dysfunction and polarization. But the founders accounted for a fractured society, and designed our government specifically to handle moments like these. Listen as conservative scholar Yuval Levin discusses his book, American Covenant: How the Constitution Unified Our Nation―and Could Again, which argues that the U.S. constitutional system is designed to compel us to find common ground and act together — and that the key is for Congress to play its leading role. Speakers: Yuval Levin, Director of Social, Cultural, and Constitutional Studies at the American Enterprise InstituteHost: Michael Waldman, President, Brennan CenterIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on November 21, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Our military is trained to defeat enemies, not to police American citizens. President Trump’s troop deployments in Los Angeles, DC, Chicago, Portland, Memphis, and potentially other cities pose real threats to civil liberties and the rule of law.  During the Constitutional Convention, James Madison warned, “The means of defense against foreign danger have been always the instruments of tyranny at home.” Experts discuss the legality of Trump’s actions, the ongoing lawsuits to stop them, and ways to prevent future abuses of military force.  Speakers:Elizabeth Goitein, Senior Director, Brennan Center Liberty and National Security ProgramWilliam L. Enyart, Major General (ret.), U.S. Army; former U.S. representative (D-IL); former committee member, House Armed Services CommitteeHost: Michael Waldman, President, Brennan CenterRecorded on November 10, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

From everyday instances of corruption to an administration intent on undermining the Constitution, it can feel as though American democracy is in decline. Yet amid the attacks on the rule of law and strains on our system of checks and balances, there are ways that we can engage, participate, and work together to defend and uphold our democratic institutions. Listen as legal expert and former U.S. attorney Joyce Vance discusses her new book, Giving Up is Unforgivable: A Manual for Keeping a Democracy.Speakers: Joyce Vance, Distinguished Professor of the Practice of Law at University of Alabama School of Law; Senior Fellow, Brennan Center Host: Michael Waldman, President, Brennan CenterIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on November 3, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Congress has the power of the purse, not the president. The Constitution gives Congress the authority to decide how much the federal government spends and for what purposes. While presidents and Congress have always engaged in a push-and-pull over funding, President Trump has taken unprecedented steps to ignore this constitutional framework and impose his own spending priorities. Experts break down these efforts, the lawsuits challenging them, and the impact of these actions on Americans’ daily lives. Speakers:Shalanda Young, Former Director, White House Office of Management and Budget; Distinguished Scholar in Residence, NYU School of Law; Doris Duke Distinguished Visiting Fellow, Georgetown McCourt School of Public PolicyLauren Miller Karalunas, Counsel, Brennan Center Democracy ProgramHost, Michael Waldman, President and CEO, Brennan CenterIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on October 28, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

President Trump has done away with the Justice Department’s historic independence, firing career prosecutors and using the department to pursue his political enemies. Former DOJ leaders under Republican and Democratic administrations break down what is happening inside the department and what can be done about its weaponization.Speakers:Peter Keisler, Former Acting Attorney General Vanita Gupta, Former Associate Attorney General Host: Michael Waldman, President, Brennan CenterRecorded on October 24, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

We are living in a new era of corruption, one that combines personal self-dealing and vast funds pouring into the political process. Whether it’s the crypto industry dominating Congress, the world’s wealthiest man bankrolling the winning presidential campaign, regulatory decisions used to pressure businesses, or the government quashing the bribery investigation of a top official, public power and private gain are fusing into one. Experts lay out a plan to end the culture of kleptocracy. Speakers:Jane Mayer, Staff Writer, The New YorkerDaniel I. Weiner, Director, Elections and Government Program, Brennan CenterHost, Michael Waldman, President and CEOIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on October 15, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

This year’s Supreme Court term will be a historic one for the future of presidential power and our system of checks and balances. The Court has steadily chipped away at protections designed to make American democracy fairer, more inclusive, and more representative. In the 2025–26 term, the justices will hear a set of cases that could accelerate that troublesome trend and produce landmark decisions. One case implicates how the Voting Rights Act ensures fair representation in state legislatures. Yet another takes up the controversy over the president’s asserted power to unilaterally impose tariffs. Learn about the major cases on the Court’s docket and what the outcomes could mean for the future of American democracy. Hosted in partnership with the Kohlberg Center on the U.S. Supreme Court. Speakers:Host, Michael Waldman, President and CEO, Brennan CenterKareem Crayton, Vice President for Washington, DC, Brennan CenterGilda R. Daniels, Professor, University of Baltimore School of LawElizabeth Goitein, Senior Director, Brennan Center Liberty and National Security ProgramLeah Tulin, Senior Counsel and Litigation Manager, Brennan Center Democracy ProgramIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on September 30, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

The Constitution gives states and Congress the power to run elections, and the president has virtually no role in the process. Yet President Trump ignored this fact and issued an executive order in March that aims to overhaul the nation’s election systems. His administration is dismantling a federal agency responsible for protecting election security. And it has targeted and threatened election officials and others who keep elections free and fair, while supporting those who undermine elections, including the January 6 rioters.A new report from the Brennan Center connects the dots between these unprecedented, and in some cases illegal, moves. Listen to host Michael Waldman, President and CEO of the Brennan Center discuss the report’s findings with Sean Morales-Doyle, Director, Voting Rights and Elections Program and Jasleen Singh, Counsel, Voting Rights and Elections Program.If you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on September 18, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.The Brennan Center is a nonpartisan law and policy institute that works to repair, revitalize, and defend our systems of democracy and justice so they work for all Americans. The Brennan Center cannot support or oppose any candidate for office.

Challenges to democracy intensified over the summer. The National Guard deployed in California. The Supreme Court ruled on presidential power using the shadow docket. In Texas, an egregious gerrymander has set off a partisan war nationally. Now the fall will mark the next phase of the fight for the Constitution. Will the rule of law hold? How will the 2026 election unfold?Brennan Center experts discuss some of the biggest news stories of the past three months and explore what will come next in the struggle to uphold democratic values. Speakers:Kareem Crayton, Vice President for Washington, DCLauren-Brooke Eisen, Senior Director, Justice ProgramElizabeth Goitein, Senior Director, Liberty and National Security ProgramHernandez Stroud, Senior Fellow, Justice ProgramWendy Weiser, Vice President, Democracy ProgramDaniel I. Weiner, Director, Elections and Government ProgramModerator: Michael Waldman, President and CEOIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on September 4, 2025.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.

In 1965, a nonviolent voting rights march in Alabama culminated in a brutal televised brutal attack by state police. The public outrage that followed prompted Congress to pass the Voting Rights Act, a law meant to dismantle racially discriminatory barriers to voting. Since then, this landmark civil rights law has faced continued attacks. The Supreme Court has weakened its protections, most notably in the 2013 case Shelby County v. Holder. And just this summer, a lower court ruling in Turtle Mountain Band of Chippewa Indians v. Howe blocked voters in seven states from using the Voting Rights Act to challenge racially discriminatory voting practices. The Supreme Court has put that decision on hold for the moment while it considers whether to take up the case. But the very fact that we're celebrating a pause on the near destruction of the Voting Rights Act’s last remaining protection illustrates how bad things have gotten in the courts. Thankfully, courts don’t have the only say. The 15th Amendment gives Congress the power to safeguard the right to vote through legislation. This conversation explores the history of the Voting Rights Act, its impact on voters today, and what it will take to ensure fair representation for all.Speakers:Alexander Keyssar, Matthew W. Stirling Jr. Professor of History and Social Policy, Harvard Kennedy SchoolSean Morales-Doyle, Director, Brennan Center Voting Rights and Elections ProgramLenny Powell, Staff Attorney, Native American Rights FundNikema Williams, U.S. Representative (D-GA)Moderator: Natalie Tennant, Kanawha County Commissioner; Former West Virginia Secretary of StateIf you enjoy this program, please give us a boost by liking it, subscribing, and sharing it with your friends. If you’re listening on Apple Podcasts, please give it a five-star rating. Recorded on August 19, 2025. Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing.

In his new book Outbreak Behind Bars: Spider Bites, Human Rights, and the Unseen Danger to Public Health, physician and epidemiologist Dr. Homer Venters reveals the grave reality of how infections and diseases spread in correctional facilities, which are often overcrowded and unsanitary. Detailing first-hand accounts of the spread of tuberculosis, MRSA, and other infections, he shines a light on the critical need to improve health care behind bars.   Venters was the chief medical officer of the New York City jail system and is currently a federal monitor of health services in jails and prisons.    Listen to him in conversation with Dr. Josy Hahn, senior research fellow, manager, and social epidemiologist in the Brennan Center’s Justice Program.  Recorded on July 28, 2025.  Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing, at https://go.brennancenter.org/briefing. 

The executive branch has amassed tremendous power, challenging the constitutional balance among branches of government. This year alone, the president has ignored the laws passed by Congress to fire leaders of independent agencies without cause, freeze the spending of appropriated funds, and deploy the military as a domestic police force.Supporters of vast presidential power have a name for this: the unitary executive. It’s the idea that the Constitution gives the president full personal control over the executive branch and wide latitude to act unilaterally. While legal scholars debate its scope, the theory in its most expansive form envisions a king-like president largely unconstrained by Congress or the courts. An embrace of this theory by the executive branch and Supreme Court could carry far-reaching consequences for American democracy. This conversation among experts examines the modern presidency, the origins of the unitary executive theory, and its implications for the future of checks and balances.Speakers:Samuel Breidbart, Counsel, Brennan Center Democracy ProgramJane Manners, Associate Professor of Law, Fordham University School of LawJulian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law SchoolCristina Rodríguez, Deputy Dean and Leighton Homer Surbeck Professor of Law, Yale Law SchoolModerator: Wilfred U. Codrington III, Walter Floersheimer Professor of Constitutional Law, Benjamin N. Cardozo School of LawIf 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. Recorded on August 5, 2025, and produced in partnership with State Court Report.Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing