Samantha Jaffe  //  1/11/18  //  Daily Update

The Trump Administration called the DACA ruling “outrageous.”  President Trump refuses to certify that Iranian nuclear disarmament deal is in America’s best interests, but is expected to allow accord to continue. The Justice Department is heightening efforts to increase the use of capital punishment. President Trump, once ‘100%’ willing to talk, now refuses to say whether he would speak to Mueller regarding Russian interference.

SYMPOSIUM

Post by Josh Chafetz: Michaels is absolutely right in his diagnosis of the current state of administrative governance. And his book could well prove an important step towards fixing it. But if that fix comes, it is far more likely to be primarily via those politicians than by the judges they appoint.

Post by Rebecca Ingber: It would be a delicious irony if the President’s attempts to circumvent the internal checks on his authority were ultimately to serve to revitalize the external constraints on presidential power, as has been a legacy of presidents past.

IMMIGRATION

The Trump Administration called the DACA ruling “outrageous” (NYT, LA Times, WSJ).

• The DACA order relied on President Trump’s own tweets (WaPo).
• The Washington Post analyzes what the DACA ruling means for Dreamers.
• Politico investigates the ruling’s effect on lawmakers.
• At National Review, Josh Blackman writes that the Supreme Court should reverse the order.

The White House left out a crucial Trump quote in the transcript from the bipartisan immigration negotiation meeting on Tuesday (LA Times).

• Video of the meeting available here.
• President Trump gives contradictory answers on his immigration stance (WaPo).
• The Washington Post analyzes President Trump’s behavior at the meeting.
• President Trump endorses earmarks as a way to get past gridlock on immigration reform (Politico).

ICE targets 7-Eleven Stores in 17 states in illegal immigration probe (LA Times, NYT, WaPo).

ICE abused Somali citizens and is now rushing to deport them before a judge can consider the danger to their lives if they return, says the ACLU.

In spite of the ‘Trump Effect’, border crossings are again on the rise (NYT).

CIVIL RIGHTS

White House says Trump election fraud commission data will be destroyed (WaPo, Politico).

President Trump’s nomination of Howard Nielson, Jr. to the federal bench is another attack on LGBTQ rights (HRC, Lambda Legal).

President Trump is planning to hold a listening session on prison reform led by Jared Kushner (Axios).

JUSTICE & SAFETY

President Trump refuses to certify that Iranian nuclear disarmament deal is in America’s best interests, but is expected to allow accord to continue (LA Times, AP).

President Trump praises talks between North and South Korea (LA Times).

• South Korea’s leader gives President Trump credit for the talks’ success (NYT).
• AP analyzes North Korea’s heightened criticism of the US and of President Trump.

AG Sessions is reviewing the authority of immigration judges to “administratively close” cases, a move that could result in more deportations (The Marshall Project).

The Justice Department is heightening efforts to increase the use of capital punishment (WSJ).

REGULATION

A federal judge denied Leandra English's motion for a preliminary injunction in the dispute over who is acting director of the CFPB (Buzzfeed).

The Trump Administration backs off of plans for new oil drilling off Florida Coast (WSJ).

• The oil industry slams the Secretary of Interior for the decision (The Hill).

The Trump Administration is opting for speed rather than accuracy in implementing the new tax law (WaPo).

12 Democratic attorneys general say that EPA Administrator Scott Pruitt needs to recuse himself on all matters related to repealing climate change rules for power plants (The Hill).

The DOJ’s reversal of the Obama-era regulations regarding marijuana has two major flaws, writes Michael C. Dorf at Verdict.

RULE OF LAW

Joe Arpaio, the ex-sheriff pardoned by President Trump, has announced a Senate run in Arizona (NYT).

CHECKS & BALANCES

President Trump promises administration will take a ‘strong look’ at libel laws in response to critical book released last week (NYT, WSJ, LA Times).

• The ACLU argues that the libel laws in question do not, in fact, exist.

REMOVAL FROM OFFICE

The 25th Amendment doesn’t apply to Trump, regardless of what he tweets, writes Joshua Zeitz at Politico.

RUSSIAN INTERFERENCE

Russian tycoon is suing Manafort on allegations of fraud (WSJ).

President Trump, once ‘100%’ willing to talk, now refuses to say whether he would speak to Mueller regarding Russian interference (LA Times, NYT, WSJ, WaPo, Politico).

President Trump attacks Feinstein for releasing Russia probe testimony (WaPo).

• The testimony released was the Senate Judiciary Committee’s interview with the Fusion GPS co-founder (WaPo).
• The transcript is available here.
• Per the testimony, the FBI knew about possible Trump-Russia collusion (NBC News).
• Politico analyzes whether this part of a concerted effort by Democrats to change the Russia narrative.
• Everything you need to know about the ‘Trump dossier’ (WaPo).

President Trump’s personal lawyer is suing Fusion GPS and Buzzfeed over the Steele Dossier (Politico).

• The Washington Post dives into what it would take for Cohen to win his libel suit.
• The editor in chief of Buzzfeed News has defended the Steele dossier in an op ed.

Mueller has added a veteran cyber-prosecutor to his special counsel team (WaPo).