Sarah Mahmood, Britany Riley  //  8/25/17  //  Daily Update

President Trump might pardon former Maricopa County sheriff, Joe Arpaio, who was convicted of criminal contempt of court for defying an injunction prohibiting racially discriminatory policing policies. DOJ's involvement in a challenge to Harvard's affirmative action policy would threaten the very foundation of race conscious admissions programs. The Superior Court of D.C. ruled that DOJ can issue an amended search warrant to Dreamhost, demanding data pertaining to a website used to organize protests against President Trump around Inauguration Day. Secretary of Interior Zinke has recommended major changes to public lands management.

RULE OF LAW

President Trump might pardon former Maricopa County sheriff, Joe Arpaio, who was convicted of criminal contempt of court for defying an injunction prohibiting racially discriminatory policing policies (CNN).

• Even a tweeted pardon may be valid, explains Joel Gunter at BBC News.
• Presidential pardon power does not extend so far as to allow law enforcement officials to violate due process and circumvent judicial accountability, argues Martin Redish on the New York Times.
• The decision is further evidence of the President’s contempt for the role of the judiciary, notes Chiirag Bains at The Guardian.
• In supporting Arpaio, President Trump is ignoring the rule of law and appealing to dangerous nativist sentiments, critiques Elliot Williams on the Huffington Post.
• The pardon falls well outside of conventional norms and would provide fodder for future calls for impeachment, explains Bob Bauer on Lawfare.

IMMIGRATION

President Trump’s threats to shut down the government if he doesn’t receive funding for his border wall will likely embolden Democrats (NYT).

CIVIL RIGHTS

DOJ's involvement in a challenge to Harvard's affirmative action policy would threaten the very foundation of race conscious admissions programs, contend Helen Klein Murillo and Leah Litman at Take Care.

Education Secretary Betsy DeVos’s campaign to roll back Title IX reforms is built on a campaign of misinformation, argues Chad Dunn (WaPo).

President Trump’s exploitation of white identity politics comes at a time of a growing sense of white victimhood, according to political scientists (NYT).

DEMOCRACY

The Superior Court of D.C. ruled that DOJ can issue an amended search warrant to Dreamhost, demanding data pertaining to a website used to organize protests against President Trump around Inauguration Day (The Hill).

• The public should not be alarmed, as the warrant targets violent protesters who assaulted police officers and committed property damage, argues the Washington Post Editorial Board.

It’s important for Democrats to challenge President Trump’s Election Integrity Commission, even if their efforts fail, writes Sarah Posner (WaPo).

President Trump’s violent rhetoric against the press could result in actual violence, contends Nicholas Kristof (NYT).

JUSTICE & SAFETY

President Trump’s power over the nuclear codes makes a strong case for nuclear disarmament, argues Jeffrey Lewis (WaPo).

The Trump Administration is likely pushing for inspections of Iran’s military sites, which Iran will likely refuse, as a way to discredit the Iran nuclear deal, writes John Glaser (The Hill).

Defense Secretary Jim Mattis suggested that the Trump Administration is considering providing defensive weapons to the Ukrainian military, to support Ukraine in its ongoing conflict with Russia (NYT).

President Trump has not filed paperwork declaring the opioid crisis to be a “national emergency,” in spite of referring it to as such several times (NYT).

REGULATION

Here is a list of policies and rules that the Trump Administration has discarded (WaPo)

President Trump's outsized control over regulatory policy lacks checks and balances, argues Dan Farber on LegalPlanet.

Sen. Debbie Dingell introduced an amendment that would prevent the State Department from closing the Office of the Coordinator for Cyber Issues (The Hill).  

Secretary of Interior Zinke has recommended major changes to public lands management, including a significant decrease in national park size and an end to prohibitions on hunting, fishing, and commercial activity on many public lands (WaPo, Politico).