Kate Berry  //  12/7/17  //  Daily Update

A Ninth Circuit Court of Appeals panel heard argument on the Trump administration’s third travel ban. The House passed a bill permitting concealed weapons to cross state lines. President Trump announced that the United States officially recognizes Jerusalem as the capital of Israel and that the U.S. embassy will relocate there. The Pentagon is preparing to accept transgender recruits, despite President Trump’s call for a ban on their enlistment. Articles of impeachment introduced by Representative Al Green (D-Tex.) were tabled by House vote.

IMMIGRATION

A Ninth Circuit Court of Appeals panel appeared divided over whether to uphold a Hawaii district court order blocking the Trump administration’s third travel ban during oral arguments on Wednesday (The Hill). 

Better incentives, rather than more information, can help resolve Border Patrol inefficiencies identified in a new GAO report, writes Alex Nowrasteh at Cato at Liberty.

CIVIL RIGHTS

Commentary continues following Monday’s oral arguments before the Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission.

• A full roundup of resources for the case, including briefs, transcript of oral arguments, and list of media analysis available here.
• The case takes aim at the legitimacy of LGBT persons and their protection under law, write Douglas NeJaime and Reva Siegel at Take Care.
• Decision for Masterpiece Cakeshop could open the door for discrimination against women, argues Lourdes Riveram at Salon.
• Solicitor General Noel Francisco’s Ku Klux Klan hypothetical during oral argument can be met with three objections, suggests Michael Dorf.
• Religious liberty can be a uniting point for liberals and conservatives, writes Andrew Koppelman at Vox.

The House passed a bill permitting concealed weapons to cross state lines (WaPo, NYT, WSJ, The Hill, Politico).

• Meanwhile, the Senate held a hearing on gun control legislation proposed in the wake of October’s mass shooting in Las Vegas (WaPo).

The Pentagon is preparing to accept transgender recruits, despite President Trump’s call for a ban on their enlistment (WaPo).

JUSTICE & SAFETY     

President Trump announced that the United States officially recognizes Jerusalem as the capital of Israel and that the U.S. embassy will relocate there (NYT, WaPo, WSJ, LA Times, The Hill).

• Full transcript and video of the speech here.
• Palestinians protested in response to the announcement, while celebrations were reported in Jerusalem.
• Secretary of State Tillerson suggested that the embassy relocation presents an opportunity for the Israeli and Palestinian peace process.
• The United Nations, European Union, and Pope Francis criticized the decision.
• Changed Middle East politics and priorities may mute response from Arab leaders.
• President Trump’s decision undoes a 1995 Congressional compromise, writes Philip Bump at WaPo.
• The move primarily appeases evangelical Americans, writes Noah Bierman at LA Times.

Doctors identified brain abnormalities in former U.S. embassy workers who experienced suspected mysterious hearing, vision, balance, and memory damage during their posting (AP, ArsTechnica).

• Secretary of State Tillerson suggested that Cuba could have prevented these “targeted attacks.”

The Trump administration determined that the National Security Agency and FBI can continue their warrantless surveillance programs even if Congress fails to reauthorize Section 702 of the FISA Amendments Act before its expiration on December 31 (NYT).

• Federal prosecutor Shreve Ariail explains the provisions of Section 702 and notes the shortcomings of certain reform efforts (Lawfare). 

President Trump called on Saudi Arabia to permit food, water, medicine, and fuel into Yemen, amidst a recent increase in violence, the death of Yemeni president Ali Abdullah Saleh, and a massive humanitarian crisis (WaPo, The Hill).

CONFLICTS OF INTEREST 

Ann Marie Buerkle, President Trump’s nominee to head the Consumer Product Safety Commission, has drawn criticism for appearing to favor manufacturers (NYT).

REGULATION

CFPB Acting Director Mick Mulvaney instituted a 30-day freeze on hiring, regulatory action, and new enforcement cases by the agency. 

• A second lawsuit challenging Mulvaney’s appointment was filed in federal court.
• Former CFPB Director Richard Cordray announced his candidacy for Ohio governor.

California Attorney General Xavier Becerra criticized the EPA for its lack of transparency (The Hill).

Former FCC Chairman Tom Wheeler criticized the proposed net neutrality rules, in advance of a December 14 vote on the plan (Ars Technica).

• The plan could permit many companies to avoid FTC oversight, in light of the Ninth Circuit’s holding in FTC v. AT&T Mobility (WaPo).

RULE OF LAW

Administration of federal agencies and observance of rule of law are increasingly divergent tasks, writes Donald Kettl at The Regulatory Review.

A memorandum by American Constitution Society and Citizens for Responsibility and Ethics in Washington outlines the limitations on President Trump’s ability to remove special counsel Robert Mueller.

CHECKS & BALANCES

Senator Al Franken (D-MN) will announce his future plans Thursday, in light of recent accusations of sexual misconduct and amidst calls for his resignation from Democratic lawmakers (LA Times, The Hill).

President Trump mentioned a possible government shutdown in advance of his meeting with Congressional leadership, citing divisions on immigration policy (WaPo).

• Video of his comments here.

Senator Mitch McConnell praised the pace of judicial confirmations during the Trump administration (AP).

Might President Trump consider a court packing scheme?, wonders Jeff Shesol at The New Yorker.

REMOVAL FROM OFFICE 

Articles of impeachment introduced by Representative Al Green (D-Tex.) were tabled by House vote (WaPo, Politico).

• Rep. Green read the articles on the House floor. Watch the video here.
• Video of the House vote here.

RUSSIAN INTERFERENCE

Former national security adviser Michael Flynn informed a business associate that economic sanctions against Russia would end under the Trump administration, according to a whistleblower’s report to Congress (NYT, WaPo, LA Times, Politico).

• Representative Elijiah Cummings (D-MD) authored a letter outlining the whistleblower’s claims.

Trump donor Erik Prince discussed trade relations and counterterrorism with an associate of Russian President Vladimir Putin immediately prior to January’s Inauguration (WaPo).

• Prince claims the meeting was unrelated to the Trump Campaign (The Hill).

Donald Trump Jr. claimed attorney-client privilege in response to questions regarding a conversation with his father during an interview with the House Intelligence Committee (LA Times, The Hill, Politico). 

Republican senators requested information from the DOJ inspector general regarding an FBI agent removed from special counsel Mueller’s investigative team, allegedly for text messages critical of President Trump (WaPo).

Deputy Attorney General Rod Rosenstein will testify before the House Judiciary Committee about special counsel Mueller’s investigation (The Hill).

Representative Lamar Smith (R-TX), chair of the House Science, Space, and Technology Committee, is investigating allegations that the cybersecurity firm Kaspersky Lab supported Russian efforts to steal U.S. secrets (The Hill).