Skip to content
Search

Latest Stories

Top Stories

After four years of abuse, tangible fixes abound for restoring the rule of law

Trump International Hotel in Washington, DC

Donald Trump's hotel in Washington, D.C., is at the heart of the argument for legislation that would give teeth to the Constitution's emoluments clauses.

Mark Wilson/Getty Images

Kinsella is counsel and Weiner the deputy director of the Democracy Program at the Brennan Center for Justice, a progressive think tank at New York University Law School.

This is part of a series advocating for legislation soon to be proposed in the House, dubbed the Protecting Our Democracy Act, designed to improve democracy's checks and balances by curbing presidential power.


From inappropriate contacts with the Department of Justice to politically motivated pardons to the president's refusal to separate himself from his businesses, one of the most troubling hallmarks of the Trump administration was disregard for long-established guardrails designed to ensure that the government serves the public interest in an even-handed manner.

And while Trump-era excesses were unique, it must be acknowledged that prior administrations also committed serious abuses. Given what our nation has just experienced, shoring up safeguards for the rule of law and ethical government are a critical priority.

Legislation that we expect will soon start moving through the House, known as the Protecting Our Democracy Act, is an important first step in this regard. Among its most important provisions, the bill would improve enforcement of the emoluments clauses of the Constitution, prevent abuse of the president's pardon powers, insulate the Justice Department from political interference and protect the independence of inspectors general.

Donald Trump refused to divest from his businesses after becoming president. And several, like his Washington hotel, became ready-made avenues for both foreign governments and domestic political allies to curry favor with his administration.

While this did not violate federal conflict of interest rules, which exempt the president, it arguably did violate both the foreign and domestic emoluments clauses, constitutional provisions that bar the president — and in the case of foreign emoluments, all federal officials — from accepting benefits from foreign governments and individual U.S. states.

The president was sued repeatedly to enforce these safeguards, but these suits faced significant procedural hurdles. This is because the Constitution is silent about how to enforce these clauses and, except in limited circumstances, Congress has not enacted legislation to implement or interpret them.

The legislation would define what constitute unlawful benefits under the emoluments clauses and lay out the process for Congress to pursue violations. It would also require disclosure of emoluments and give the Office of Government Ethics and the Office of Special Counsel power to enforce this legislation.

Trump routinely used the president's pardon power to subvert the rule of law, granting clemency to personal and political cronies, war criminals, corrupt politicians and a repeat civil rights violator. Other presidents also abused the pardon power, notably the first President George Bush, who pardoned members of the Reagan administration for their involvement in the Iran-Contra scandal, and President Bill Clinton, who pardoned his own brother and one of his big political donors.

The bill begins to address this problem by requiring transparency for pardons of family members — although Jared Kushner's father, whom Trump pardoned, would not meet the statutory definition employed here — and for others who commit certain offenses related to obstruction of justice. It would also extend criminal liability, including to the president and vice president, for bribery associated with acts of clemency. Finally, it would invalidate self-pardons.

But the bill should go further to deter and expose controversial acts of clemency beyond those involving just the president or their family members. At a minimum, Congress should require transparency for acts of clemency where the recipient has a close relationship to the president, the president's family members or close associates.

Like its predecessors, the Trump White House purported to limit who could communicate with the Department of Justice about specific law enforcement matters — a practice first adopted by the Ford administration in the wake of Watergate. (Some administrations extended this policy to other law enforcement agencies, as well.) But the previous administration policy appears to have been primarily honored in the breach. For instance, Trump and other White House officials repeatedly violated the administration's contacts policy, exerting improper political pressure on Department of Justice officials — such as when Trump contacted Jeffrey Clark, the acting head of the Civil Division, in order to push the department to pursue claims of voter fraud.

The legislation proposes a simple solution to this problem: It would require the attorney general to submit a log of all covered communications with the White House to Justice's inspector general, who would forward any inappropriate communications to Congress. This provision could be made even stronger by narrowing the scope of its exemptions and applying it to other enforcement agencies, such as the departments of Labor and State, which also face the risk of improper politicization.

In the wake of the controversial removal of several inspectors general during the Trump administration, the legislation seeks to safeguard these independent watchdogs by granting them for-cause removal protection. Another bill, which passed the House in the last Congress, would expand the Justice inspector general's jurisdiction to include allegations relating to a department attorney's authority to investigate, litigate or provide legal advice. This would be an important addition to the Protecting Our Democracy Act. Inspectors general at other law enforcement agencies should also have the express statutory authority to investigate improper political interference.

These are among a number of provisions in the measure that aim to safeguard the rule of law and promote the ideal of public service as a public trust. The bill is an important first step to revitalize important guardrails for the rule of law. These reforms represent the codification of many practices and norms to which administrations of both parties long adhered — and which administrations of both parties have broken.

Many of the measures in the bill, which has support from organizations across the ideological spectrum, have had  bipartisan  support in Congress. Now is the time for Congress to ensure that our government has a strong foundation.

Read More

Food market, fresh produce

As federal nutrition aid is stalled by red tape and grocery deserts persist, local civic-minded organizations are responding with inventive, community-centered approaches.

Getty Images, Kvach Hanna

Prescribing Produce, Powering Markets: How D.C. Is Rethinking Food Access As Health Policy

In Washington, D.C., where neighborhood lines often map onto life expectancies, food insecurity has become a pressing public health issue. Wards 7 and 8, with only three full-service grocery stores, sharply contrast with affluent Ward 3’s 15 outlets. That access disparity correlates with a staggering 15-year life expectancy gap between some ZIP codes east of the Anacostia River and wealthier areas to the northwest. This inequality reflects what public health experts refer to as the social determinants of health – non-medical factors, such as access to nutritious food, that influence physical well-being.

A recent survey by the Capital Area Food Bank found that food insecurity impacts 37% of D.C. Metro Area households, disproportionately affecting Black residents in D.C., where four in 10 residents have struggled to access adequate food. “Where you live in the city profoundly determines your food insecurity and, in turn, your health outcomes,” said Luisa Furstenberg-Beckman, manager for the Produce Rx program at the nonprofit DC Greens.

Keep ReadingShow less
IssueVoter Bill of the Month (July 2025): The Global Stakes of America’s $9 Billion Budget Cut

As Congress considers slashing nearly a decade's worth of international assistance, the ripple effects could extend far beyond Washington's balance sheets

Bill Track 50

IssueVoter Bill of the Month (July 2025): The Global Stakes of America’s $9 Billion Budget Cut

The Rescissions Act of 2025 was finally passed on July 18 and its implications will reverberate across continents. This $9 billion budget cut represents far more than fiscal housekeeping—it signals a fundamental retreat from America's role as the world's primary humanitarian superpower.

The bill represents a significant fiscal policy initiative that seeks to permanently cancel previously allocated but unspent federal budget authority - known as 'rescissions'. Introduced in the House on June 6, 2025, by Representative Steve Scalise and five Republican co-sponsors, this legislation implements budget rescissions proposed by President Trump on June 3, 2025, under the Congressional Budget and Impoundment Control Act of 1974. The cuts essentially codify actions taken by the Department of Government Efficiency (DOGE) over recent months - which has been criticized for appropriating congressional authority over budgetary matters by halting spending previously approved by Congress.

Keep ReadingShow less
Image of a U.S. map noting the locations of 1000 NPR Member Station signals broadcasting across the United States

There are over 1000 NPR Member Station signals broadcasting across the United States

There’s nothing “meh” about dismantling public media

This morning we woke to our local NPR affiliate, WAMU, reporting a story about how the public media network it belongs to is on the brink of losing funding, per a party-line vote in the U.S. Senate last night.

The public media portion of the claw-back is 1.1 billion – the amount Congress previously approved to fund the Corporation for Public Broadcasting, which distributes funds to NPR, PBS and over 1500 local radio and TV stations that serve communities around the U.S. The deadline for the House to seal the deal is tomorrow – July 18.

Keep ReadingShow less
Two people holding hands, comforting each other.

The National Domestic Violence Hotline fields up to 3,000 calls and messages a day from all over the country.

Getty Images, Tempura

Trump Funding Cuts Endanger Domestic Violence and Sexual Assault Survivors

The Trump administration’s funding cuts and new rules for grants are threatening critical programs from food and housing to medical research, parks, and much more. Among them are programs proven to prevent and reduce violence as well as initiatives that assist survivors of domestic violence, sexual assault, and other acts of violence.

Although the administration claims to care about violence—citing concerns about “rapists,” for example, in justifying policies that target immigrants and transgender individuals—its actions in fact increase the risk of violence and jeopardize survivors’ safety and ability to move forward. The administration’s harsh approach aligns with Project 2025’s failure to support critical social services, which can be a lifeline for victims of sexual violence or domestic abuse.

Keep ReadingShow less