Daily Update | April 17, 2018
The state of California has rejected the Trump administration’s initial request to deploy National Guard troops along the Mexico border. President Trump put the brakes on new Russia sanctions meant to punish Russian support for Syrian President Bashar al-Assad. The strikes in Syria were justified as “legitimate,” not “legal”—but legitimacy without legality is a threat to the stability and predictability of the international system. President Trump asked a federal judge to allow him to review documents seized from Michael Cohen’s office before criminal investigators have a chance to see them. Michael Cohen, President Trump’s personal attorney, is testing the limits of attorney-client privilege.
IMMIGRATION
The Travel Ban has ignominious precedents—in the past, deference to bigotry in the name of national security has led to injustice, persecution, disgrace, and apology, writes Garrett Epps at The Atlantic.
The Travel Ban is haunted by one of the darkest chapters in Supreme Court history—Japanese internment, writes Adam Liptak at The New York Times.
The state of California has rejected the Trump administration’s initial request to deploy National Guard troops along the Mexico border (WaPo).
CIVIL RIGHTS
#MeToo can gain insights from restorative and transitional justice theories, but sometimes it’s necessary to name and shame to get results, writes Leah Litman at Take Care as part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.
DEMOCRACY
“Leakers” or “whistleblowers”—aggressive prosecutions of intelligence whistleblowers feeds into the narrative that whistleblowing is a threat to national security, even when most whistleblowing does not involved classified information, writes Dana Gold at ACSblog.
JUSTICE & SAFETY
President Trump put the brakes on new Russia sanctions meant to punish Russian support for Syrian President Bashar al-Assad (WaPo).
- The move is an abrupt reversal—Nikki Haley, U.S. ambassador to the United Nations, had announced the sanctions yesterday.
Russia and Syria are blocking international inspectors from accessing Douma, the site of the reported chemical weapons attack in Syria (NYTimes).
The U.S. and British governments accused Russia of conducting a massive campaign to hack computer routers around the world (WaPo).
President Trump intends to get U.S. troops out of Syria as soon as possible, the White House said, walking back remarks made by French President Emmanuel Macron (WaPo).
- The three-country coalition—the United States, Great Britain, and France—that launched the airstrikes came together despite tense relationships (WSJ).
The U.N. Charter clearly prohibits the strikes on Syria, but it may not be the last word on international law, writes Jack Goldsmith at Lawfare.
President Trump’s red line in Syria is fuzzy, writes Harold Hongju Koh at Just Security.
A new Authorization for the Use of Military Force would entrench and expand the U.S. global war posture—essentially codifying the idea of a global battlefield, writes Daphne Eviatar at Just Security.
The strikes in Syria were justified as “legitimate,” not “legal”—but legitimacy without legality is a threat to the stability and predictability of the international system, writes Laurie Blank at Lawfare.
A top White House cybersecurity official is leaving the National Security Council, the latest in a string of departures from the White House national security team (The Hill).
REGULATION
President Trump announced two new nominees to the Federal Reserve Board (WSJ, The Hill).
The Yale Journal on Regulation concluded its symposium on the Appointments Clause issue presented by Lucia v. SEC (Notice & Comment).
- The Solicitor General’s brief in the case marks a sharp deviation from the practice and tradition of the office, writes Marty Lederman as part of the symposium.
- Administrative law judges lack the marks that would allow them to claim “deputy” status for constitutional purposes, writes Aditya Bamzai.
Interior Secretary Ryan Zinke has opened up millions of acres of public land for development, just not in his home state of Montana (NYTimes).
RULE OF LAW
President Trump asked a federal judge to allow him to review documents seized from Michael Cohen’s office before criminal investigators have a chance to see them (WaPo).
- The judge indicated that she is unlikely to grant the President’s request, but that she is considering appointing a special master (NYTimes, WaPo).
Michael Cohen, President Trump’s personal attorney, is testing the limits of attorney-client privilege, writes Alan Neff at ACSblog.
The fact that James Comey’s memoir is going to be published at all is notable, writes Ramya Krishnan at Just Security, noting the sprawling system of prior restraints to which executive branch employees are subject.
CHECKS & BALANCES
On Tuesday, Secretary of Defense James Mattis and Gen. Joseph Dunford, chairman of the Joint Chiefs of Staff, will brief Congress on the administration’s airstrikes in Syria (WaPo).
Tags:
Immigration Rule of Law Checks & Balances Regulation Democracy Civil Rights Justice & Safety