An anticonstitutional lawbreaking spree

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For the past two weeks, President Trump and Elon Musk have launched a full-throttle assault on the government, flouting statutes and the Constitution itself. One of the first moves was replacing career officials at the Justice Department and FBI with loyalists who can be counted on to ignore lawbreaking by the administration. Other actions, such as freezing all federal grants and shuttering the U.S. foreign aid agency, have prompted protests and lawsuits. So far, the majority in Congress is acquiescing, although courts have thrown up some roadblocks. It remains to be seen whether public opinion will go along with this blatant disregard for the rule of law.

A Smarter Approach to Justice

The United States has the highest incarceration rate in the world, and our criminal justice system is costly and inefficient. Since 2020, officials have taken steps to pursue fairer and more humane policies, but there is still a long road ahead. The Brennan Center’s federal agenda outlines targeted, bipartisan reforms that the Trump administration and Congress should prioritize to improve the system, save taxpayer dollars, and keep communities safe.

‘Tough on Crime’ 2.0

Despite widespread agreement among experts across the political spectrum that past “tough on crime” policies only fueled mass incarceration and wasted government resources without improving safety, the Justice Department now seems ready to revert to these failed tactics. The DOJ’s new internal guidance pushes for harsher sentencing and ramped-up enforcement of immigration violations. The new attorney general should embrace evidence-based, bipartisan reforms instead of repeating the mistakes of the past.

More Bad News Ahead for Criminal Justice

Project 2025, the Heritage Foundation’s radically conservative policy plan, calls for sweeping changes to federal criminal justice. The most extreme proposals would reshape the Justice Department into an agency more focused on advancing political agendas than maintaining its independence and impartiality. A new Brennan Center resource breaks down how this shift could threaten democratic norms, erode civil liberties, and undermine public trust in the justice system.

The Cost of the January 6 Pardons

Trump’s blanket pardon of the January 6 insurrectionists puts law enforcement, government officials, and communities across the country in danger. One key lesson from his first term is that state and local law enforcement must take the threat of far-right militants seriously and work to root out sympathizers within their ranks. As for those backing Trump’s promised campaign of retribution, it’s important to remember one thing: History shows that it’s ultimately his supporters who end up paying the price for his actions.

A Test of Democracy in North Carolina

Election denial has reared its head in North Carolina, where a candidate in the 2024 state supreme court race is trying to invalidate more than 60,000 votes on a technicality and overturn his election loss. A new piece from State Court Report dives into the case and highlights its troubling implications for federal and state courts’ role in safeguarding democracy.

Threats to State Courts

As state supreme courts increasingly decide contentious issues like abortion rights and gerrymandering, their authority and independence is facing pushback from state lawmakers. A new Brennan Center report reveals that in 2024, 20 states introduced at least 49 bills aimed at undermining the courts, and 6 of them have already been signed into law. We break down the most notable trends in the ongoing legislative assaults on state courts.