Derek Reinbold  //  6/19/18  //  Daily Update

The Department of Homeland Security has undertaken a zero-tolerance immigration policy, separating children from their parents. Attorney General Jeff Sessions narrowed eligibility for asylum to victims of domestic violence and expanded the universe of families who fall victim to the administration’s policy of separating families. The Supreme Court sidestepped decisions on partisan gerrymandering, ruling against the challengers. President Trump directed Pentagon officials to move towards a “space force” that would become the sixth branch of the military. President Trump is expected to nominate Kathy Kraninger as CFPB director—the nomination, under the Federal Vacancies Reform Act, extends Mick Mulvaney’s tenure as Acting Director.

SYMPOSIUM 

There is much to learn about impeachment by thinking comparatively, write Aziz Huq and Tom Ginsburg in Take Care’s symposium on Larry Tribe and Joshua Matz’s To End A Presidency: The Power of Impeachment.

IMMIGRATION 

The Department of Homeland Security has undertaken a zero-tolerance immigration policy, separating children from their parents (DHS Statement).

• President Trump repeated the false statement that Democrats were to blame for the policy (NYTimes, WSJ, LATimes).
• Facing outcry over the family separations, Homeland Security Secretary Kistjen Nielsen said, “We will not apologize” (WaPo).
• The U.N. human rights chief called the Trump administration’s policy “unconscionable” (WaPo).
• ProPublica obtained audio from inside a U.S. Customs and Border Protection facility  ProPublica).

Attorney General Jeff Sessions narrowed eligibility for asylum to victims of domestic violence and expanded the universe of families who fall victim to the administration’s policy of separating families, write Leah Litman and Abigail DeHart for Take Care. 

President Trump made false and misleading claims about crime and immigration in Germany (NYTimes).

A Border Patrol surge will lead to a border corruption surge, writes Victoriya Levina at the Global Anticorruption Blog.

CIVIL RIGHTS

It is entirely possible to maintain a race-conscious admissions program without discriminating against Asian American applicants, writes Nancy Leong at Take Care.

DEMOCRACY

The Supreme Court sidestepped decisions on partisan gerrymandering, ruling against the challengers (NYTimes, WSJ, WaPo).

• But the Court left the door open to future partisan gerrymandering litigation, writes Nicholas Stephanopoulos at Election Law Blog.
• Gill contains grounds for cautious optimism that the Court would find in favor of a challenge to partisan gerrymandering, writes Michael Dorf at Dorf on Law.
• Justice Kagan, in her concurrence, laid out a strategy for the challengers, writes Noah Feldman at Bloomberg.
• Justice Kennedy will get another chance to weigh in soon, if he desires, writes Rick Hasen for Slate.
• In most states, elected officials draw district lines. In California, citizens do (WaPo).

JUSTICE & SAFETY 

There is a wild whiplash in the Supreme Court’s federal sentencing cases, writes Leah Litman at Take Care. 

President Trump directed Pentagon officials to move towards a “space force” that would become the sixth branch of the military (WSJ, WaPo). 

Attorney General Sessions delivered remarks to the National Sheriffs’ Association Annual Conference. Sessions’ remarks display his apparent belief that we should always be inclined to (over-)incarcerate in efforts to improve public safety, writes Doug Berman at Sentencing Law and Policy.

CONFLICTS OF INTEREST

Commerce Secretary Wilbur Ross served in his post while maintaining stakes in companies co-owned by the Chinese government, a shipping firm tied to Vladimir Putin’s inner circle, a Cypriot bank reportedly caught up in the Mueller investigation and a player in an industry Ross is now investigating (Forbes).

REGULATION

President Trump is expected to nominate Kathy Kraninger as CFPB director—the nomination, under the Federal Vacancies Reform Act, extends Mick Mulvaney’s tenure as Acting Director (Consumer Finance Monitor).

Courts have found it difficult to articulate clear rules to govern situations where agencies make U-turns, writes Dan Farber at Legal Planet.

The acting head of the Drug Enforcement Agency stepped down, citing the increasing challenges of his temporary role (WaPo).

The FCC launched its review of T-Mobile’s proposed merger with Sprint (The Hill).

RULE OF LAW

For all who are devoted to country and Constitution, the idea of a presidential self-pardon should be an anathema, write Gillian Metzger and Vicki Jackson in Take Care.

The Obamacare challenge and the policy of terrorizing children at the border share a post-legal goal, writes Leah Litman in the New York Times.

REMOVAL FROM OFFICE

The possibility of including the president in an indictment, as a matter of law, is not categorically foreclosed, writes Walter Dellinger at Lawfare.

RUSSIAN INTERFERENCE

Last week, President Trump tweeted, ““The appointment of the Special Councel [sic] is totally UNCONSTITUTIONAL!”

• There is no serious argument that Robert Mueller’s appointment was unconstitutional, writes George Conway at Lawfare.

Justice Department Inspector General Michael Horowitz said probes are ongoing into disclosure of former FBI director James Comey’s memos (WaPo). 

This week, Senate and House panels plan to question law enforcement officials about the FBI’s decisionmaking in the probe into Hillary Clinton’s private email server; there are a few appropriate lines of oversight questions, writes Caroline Fredrickson at ACSblog.