How the Justice Department Came to Threaten Elections (with Eileen O'Connor and Chris Berger)

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 Center

• Host: Michael Waldman, President and CEO, Brennan Center

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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.