Daily Update | July 12, 2018
Helen Marie Berg // 7/12/18 //
After berating the county’s NATO Allies for their military spending, President Trump signed an agreement criticizing Russia, just a few days before his meeting with the Russian President. President Trump’s pardon of two Oregon men that sparked a 41-day stand-off in a national wildlife refuge in 2016 sends a message to militia groups that defy the law that the President will protect them. President Trump’s trade war has grown from covering 18 products to covering 10,000. In an unusual move, Deputy Attorney General Rod Rosenstein calls on federal prosecutors across the country to help review Judge Kavanaugh’s documents. A top DHS official says there is no indication that Russia is trying to interfere with midterm elections at the “level” it did in 2016.
TRUMP: INVESTIGATIONS AND LITIGATION
A constitutional showdown over whether a president must respond to a subpoena may come shortly after Judge Kavanaugh’s confirmation, opines Adam Liptak at The New York Times.
Legal scholars disagree over the constitutionality of the appointing a Robert S. Mueller III as special counsel, which means it is unclear which side the Supreme Court will take, explains George F. Will at The Washington Post.
IMMIGRATION
The Trump administration is defying its own “rule of law” battle cry by turning away migrants who are legally seeking asylum, writes Sonia Nazario at The New York Times.
Sparse data makes it difficult to measure the risk of releasing migrant families from custody before analyzing their asylum claims (WaPo).
The travel ban has affected both Americans and migrants alike, including one American woman whose husband cannot enter the country to be with her and their son, writes Shoshanna Mallett at Just Security.
- The Conversation provides numbers on the travel ban’s effects.
“Family detention centers” should be called “jails” just as the “relocation centers” that housed Japanese-Americans during World War II should be “concentration camps,” argues Yoshinori H.T. Himel at The Washington Post.
CIVIL RIGHTS
An appellate court ruled that TSA employees are shield by government immunity under the Federal Tort Claims Act because they are not “investigative or law enforcement officers” (Reuters).
JUSTICE AND SAFETY
After berating the county’s NATO Allies for their military spending, President Trump signed an agreement criticizing Russia, just a few days before his meeting with the Russian President (NYT).
- President Trump is arguing that belonging to NATO is a bad deal for the country—but he’s wrong, argues Nicholas Burns at The New York Times.
- President Trump does not have room for allies in his foreign policy outlook, he only cares about his fans and enemies, explains Ivan Krastev at The New York Times.
- Former Secretary of State John Kerry criticized President Trump’s comments at the NATO meeting (WaPo).
President Trump’s pardon of two Oregon men that sparked a 41-day stand-off in a national wildlife refuge in 2016 sends a message to militia groups that defy the law that the President will protect them, writes Barbara McQuade at Just Security.
Attorney Jeff Sessions continues to point to “surging violent crime” even though violent crime has recently decreased (Sentencing Law and Policy).
CONFLICTS OF INTEREST
The Global Anti-Corruption Blog updated its annual report of corruption and conflicts in the Trump Administration.
REGULATION
The FCC plans to “streamline” its current policy of handling consumer complaints about telecom companies and House Democrats are worried that it will hurt consumers (The Hill).
- Under the policy, the FCC will only review former complaints—which cost $225 to file (ArsTechnica).
President Trump’s trade war has grown from covering 18 products to covering 10,000 (NYT).
Pfizer promises to defer some price increases after being criticized by President Trump on twitter for taking advantage of the poor (NYT).
President Trump’s “populist” and ineffective trade policies mirror the decisions of leaders in Turkey and Venezuela, explains Matt O’Brien at The Washington Post.
CHECKS & BALANCES
Liberals must find a way to win in front of a conservative Supreme Court, such as using Justice Gorsuch’s understanding property-focused understanding of the Fourth Amendment to protect privacy, explains Michael C. Dorf at Take Care.
In an unusual move, Deputy Attorney General Rod Rosenstein calls on federal prosecutors across the country to help review Judge Kavanaugh’s documents (NYT).
The Trump administration’s changes to the hiring and removal process of ALJs means that they will have less independence from the political branches, explains Andrew Hessick at Notice & Comment.
- The changes in ALJ hiring process has pros and cons, adds Kent Barnett at Notice & Comment.
When replacing EPA Administrator Scott Pruitt, President Trump should imitate President Reagan who had to replace for Administrator Anne Gorsuch under similar circumstances, notes Brigham Daniels at The Hill.
FEDERALISM
A lawsuit by red states against the individual mandate of the ACA may inadvertently be advocating for the unconstitutionality of the tax bill, argues Mitch Johnston at Take Care.
State Supreme Courts can soften the effects of harsh decisions from a conservative Supreme Court, writes Michael C. Dorf at Verdict.
RUSSIAN INTERFERENCE
A top DHS official says there is no indication that Russia is trying to interfere with midterm elections at the “level” it did in 2016 (The Hill).
Tags:
Immigration Conflicts Checks & Balances Federalism Regulation Civil Rights Justice & Safety Russian Interference