Ian Eppler, Jacqueline Sahlberg  //  2/12/18  //  Daily Update

A federal judge ruled that detaining inmates beyond their release date at the request of the U.S. Immigrations and Custom Enforcement violates the Fourth Amendment. Senior officials in the Trump Administration are divided over whether two ISIS militants should go to Guantánamo Bay or be brought to the U.S. for a criminal trial. Rachel Brand, the third-highest official at the Department of Justice, is stepping down. US intelligence agencies attempted to purchase information from a Russian who promised he could provide information stolen from the National Security Agency and compromising information on President Trump.

IMMIGRATION

A federal judge ruled that detaining inmates beyond their release date at the request of the U.S. Immigrations and Custom Enforcement violates the Fourth Amendment.

• Read the order here.

Immigration rights groups are suing U.S. Immigrations and Custom Enforcement, alleging that it targeted immigration activists for deportation (The Hill, Intercept).  

How is Professor Syed A. Jamal a danger, asks Nicholas Kristof at the NYTimes.
Immigration agents have been enforcing President Trump’s order to deport noncitizens, but federal courts are slowing deportations by providing due process (NYTimes).

With legal challenges, building the border will will be a long and expensive process (LATimes).

• A judge presiding over the environmental protection challenge to the border wall said that he would issue a decision next week (WaPo).

JUSTICE & SAFETY

Senior officials in the Trump Administration are divided over whether two ISIS militants should go to Guantánamo Bay or be brought to the U.S. for a criminal trial (WaPo).

The recently fired military official who oversaw military commission trial at Guantánamo Bay was discussing plea deals for 9/11 suspects (NYTimes).

CONFLICTS OF INTEREST

Mississippi developers are seeking millions of dollars in state tax incentives as part of a proposal to develop a hotel in conjunction with the Trump organization, raising questions about whether the proposal would comply with the Domestic Emoluments Clause, report Steve Eder and Ben Protess in the New York Times.

REGULATION

Interior Secretary Ryan Zinke signed an order allowing increased hunting on public land (The Hill).

Food and Drug Administration commissioner Scott Gottlieb has exceeded the expectations of critics, but has worked to advance the interests of the pharmaceutical industry while in office, suggest Sheila Kaplan and Katie Thomas in the New York Times.

The Trump administration will propose privatization of the International Space Station, reports Christian Davenport in the Washington Post.

RULE OF LAW

Rachel Brand, the third-highest official at the Department of Justice, is stepping down (Buzzfeed, NYTimes, Politico, WaPo).

• The implications for the Mueller investigation are unclear, writes Jed Shugerman at his eponymous blog.

Dozens of White House officials, including Jared Kushner, are using temporary security clearances while awaiting permanent clearances, likely due to problems that arose during the background check process, report Matt Zapotosky, Josh Dawsey, and Devlin Barrett in the Washington Post.

A former opposition researcher for the Koch network is working in the White House Counsel’s office, but his role is unclear (Politico).

RUSSIAN INTERFERENCE 

President Trump blocked the release of a memo prepared by Democratic members of the House Intelligence Committee regarding surveillance of former Trump campaign aide Carter Page, citing security concerns (NYTimes, WSJ).

The House Intelligence Committee can release the memo over President Trump’s objections, argues Marty Lederman at Just Security.

US intelligence agencies attempted to purchase information from a Russian who promised he could provide information stolen from the National Security Agency and compromising information on President Trump (NYTimes, The Intercept).

• On Twitter, President Trump criticized the alleged conduct of the agencies (WaPo).

The implications of former National Security Advisor Michael Flynn’s plea deal remain unclear, notes Kate Brannan at Just Security.

Trump administration officials likely will not be able to cite attorney-client privilege as a basis for avoiding the Mueller investigation, argues A.H. Neff at ACS Blog.

And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.  

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