Samantha Jaffe , Helen Marie Berg  //  12/4/17  //  Daily Update

Michael Flynn pled guilty on Friday to making false statements  to the FBI and has agreed to cooperate with the ongoing Russia inquiry. The Trump administration asked the Supreme Court to block a federal court’s order requiring it to review and turn over documents related to its decision to end DACA. The acquittal of an undocumented man in a case that President Trump cited during the campaign to rally supporters invoked an angry reaction from the President. President Trump plans to recognize Jerusalem as Israel’s capital, but to leave the embassy in Tel Aviv for now.

RUSSIAN INTERFERENCE

Michael Flynn pled guilty on Friday to making false statements  to the FBI and has agreed to cooperate with the ongoing Russia inquiry (NYT, WSJ, WaPo).

• A copy of the plea agreement is available here.
• The leniency of the deal probably means that Flynn has good information (Just Security).
• The New York Times analyzes what this means for the Russia inquiry.
• Flynn lied because he knew his actions were wrong. (LA Times).
• The Washington Post provides a primer on the Logan Act.
• The New Yorker does a deep dive into what the plea means for the Russia investigation.
• The Washington Post runs down the rise and fall of Michael Flynn.
• 10 takeaways from the guilty plea (NYT).
• The guilty plea is a big deal, but there’s still a lot that’s unknown (WaPo).
• President Trump says he fired Flynn for lying to the FBI (NYT).
• Rep. Adam Schiff thinks Flynn is substantially cooperating with Mueller’s investigation (LA Times).
• The charges not included in the plea deal are the real story (WaPo).
• Just Security has some questions following Flynn’s plea.
• President Trump’s personal lawyer tweeted in response to Flynn’s plea (WaPo).
• LawFare analyzes Flynn’s plea deal.
• President Trump insists that there was no collusion with Russia (LA Times).
• Just Security talks to former White House lawyer Andy Wright about Flynn’s plea.
• Flynn’s plea neutralizes the President Trump’s pardon power (Slate).
• The New York Times wonders who the next aide to flip will be.
• The Washington Post has questions about what Flynn’s plea means for the Trump Administration.
• President Trump says he never told Comey to stop investigating Flynn (LA Times).
• Eleven legal experts weigh in on the implications of Flynn’s plea (Politico).
• Flynn’s guilty plea suggests that more indictments are coming (WaPo).
• The New York Times explains that White House can’t downplay its relationship with Flynn.
• In spite of the Trump Administration’s portrayal of Flynn as a solo actor, emails suggest that other senior members of the Trump team were aware of his contacts with Russia. (NYT).
• Flynn’s guilty plea shines new light on Kushner’s involvement with Russia, amid speculation that Kushner directed Flynn to lobby the Russian Ambassador (LA Times).

A conservative operative with close ties to the NRA told the Trump Campaign that he could arrange a meeting between then-candidate Trump and President Putin, according to an email from May 2016. (NYT).

If President Trump pressured senators to end the Russia probe, that could be a problem in the face of another independent investigation (WaPo).

• The Washington Post names eight times President Trump tried to stop the Russia investigation.

Mueller removed a top aide from the Russia probe following anti-Trump texts (NYT, WSJ).

• President Trump criticized both the FBI and the agent who was removed (NYT).

IMMIGRATION

On Dec. 6, the Ninth Circuit will hear the arguments challenging the Trump administration’s third travel ban, an order previously blocked by a district court judge in Hawaii (ImmigrationProf Blog).

The Trump administration asked the Supreme Court to block a federal court’s order requiring it to review and turn over documents related to its decision to end DACA (SCOTUSblog, WaPo, filing here).

The Trump administration chose to leave talks on a proposed UN agreement to improve refugee resettlement policy, claiming it threatened the U.S.’ power to control its borders (NYT).

CIVIL RIGHTS

President Trump’s appointment of a federal judge with racist views warrants additional scrutiny by the Senate, writes Manar Waheed at the ACLU.

Court filings reveal that an unnamed U.S. citizen detained by the U.S. military has asked for a lawyer but has not been granted one (WSJ, ACLU).

Some in the LGBT community feel slighted after President Trump fails to mention them in his World Aids Day Proclamation, departing from the practice of previous administrations (WaPo).

With the Supreme Court set to arguments in Masterpiece Cakeshop v. Colorado Civil Rights Commission this week, commentators weigh in on the question of whether cake is speech (WaPo, NYT, NYT, Boston Globe, WSJ).

DEMOCRACY

President Trump followed through on his campaign promise to bring back “Merry Christmas,” which signals an attitude antithetical to religious freedom, argues David Nakamura at the WaPo.

JUSTICE & SAFETY

The acquittal of an undocumented man in a case that President Trump cited during the campaign to rally supporters invoked an angry reaction from the President (WSJ).

• President Trump’s anger over the not guilty verdict is misplaced (WaPo).
• San Francisco should not be forced to enforce federal immigration law (LA Times).
• Sentencing Law & Policy Blog wonders if AG Jeff Sessions will bring federal charges against Garcia Zarate. 

The International Criminal Court is set to open an investigation on alleged crimes committed by CIA and U.S. military personnel at detention and interrogation sites in Afghanistan and Europe (Lawfare).  

President Trump plans to recognize Jerusalem as Israel’s capital, but to leave the embassy in Tel Aviv for now (NYT, WaPo).

Presidential advisor Jared Kushner claimed that achieving his goal of brokering an Israeli-Palestinian peace agreement is an essential step in ending Iranian aggression and Islamic extremism (WaPo).  

REGULATION

Betsy DeVos’ biggest hurdle in working to expand school choice is President Trump himself, writes Erica L. Green at NYT.

The Senate tax plan will help the Trump Administration shift American energy development back to fossil fuels and away from clean energy, writes Keith Schneider at the LA Times.

The Trump Administration has rolled back Obama-era regulations ranging from the use of cluster bombs, to extreme vetting, to acceptable sodium levels for school lunches (Politico).

Trump’s pick to lead the CFBP might find it harder than he thinks to reshape the bureau that Liz Warren built, writes Michael Grunwald at Politico.

FEMA’s huge, single-vendor contracts to rebuild Puerto Rico repeat mistakes made after Hurricane Katrina (Politico).

Rex Tillerson will remain the Secretary of State, says President Trump, but doubts remain (NYT).

• Kellyanne Conway refused to deny rumors that Tillerson is on his way out (WaPo).
• Diplomats wonder why Tillerson hasn’t quit (Politico).
• Politico analyzes why Tillerson failed, and doesn’t think a successor will fare better.

CHECKS & BALANCES

The Trump Administration is filling a large number of federal court vacancies at a remarkable rate (listen to “Can He Do That” via WaPo).

DOJ reversed course in Lucia v. SEC regarding SEC ALJs: it now says they should be considered “inferior officers” who need to be appointed by the President, rather than “mere employees”, who do not (Cato Institute).

REMOVAL FROM OFFICE

More facts are necessary to determine if impeachment is possible based on Russian involvement with the 2016 election, writes Cass Sunstein at USA Today.

The odds of impeachment have actually gone down in the last six months, writes Peter Beinart at The Atlantic.