Daily Update | June 6, 2018
The UN declared that the Trump administration’s practice of separating children from migrant families at the border violated their rights and international law. A judge ruled that President Donald Trump can be deposed in the defamation lawsuit brought by Summer Zervos, a former ‘Apprentice’ contestant who claims that President Trump kissed and groped her after she appeared on the show. Officials are concerned about voters’ distrust of election security, which may be as powerful as an actual hack. Secretary of Education Betsy DeVos announced that the administration’s School Safety Commission, formed after the Parkland school shooting, will not look at guns. Several states are defying the FCC repeal of net neutrality.
TRUMP: INVESTIGATIONS & LITIGATION
President Trump has begun unblocking followers on Twitter after the court’s ruling on Monday, even as DOJ has appealed the ruling to the Second Circuit (NYT).
- This shows unexpected compliance with the court’s decision, writes Rick Hasen at Election Law Blog.
Special Counsel Robert Mueller filed a motion stating that there is probable cause to believe that Paul Manafort has attempted to tamper with potential witnesses while on pretrial release (Lawfare, NYT).
President Trump and his attorneys have embraced a broad view of presidential power (NYT).
- There have been a ‘smorgasbord’ of views on President Trump’s declaration that he has the ability to pardon himself (Lawfare).
A judge ruled that President Donald Trump can be deposed in the defamation lawsuit brought by Summer Zervos, a former ‘Apprentice’ contestant who claims that President Trump kissed and groped her after she appeared on the show (Politico).
IMMIGRATION
The UN declared that the Trump administration’s practice of separating children from migrant families at the border violated their rights and international law (NYT).
- The policy is not required by law, writes Leah Litman at Take Care.
- The administration’s policy on separating families at the border runs counter to American values, writes Rep. Jerrold Nadler at The Hill.
- Attorney General Jeff Sessions defended the policy, stating that ‘you can’t be giving immunity to people who bring children with them recklessly and improperly and illegally.”
Secretary of Education Betsy DeVos walked back earlier comments about whether schools can report undocumented students (Politico).
CIVIL RIGHTS
The Supreme Court’s decision in Masterpiece Cakeshop might be the best possible loss, writes Amanda Shanor at Take Care.
- Dignity and process were at stake in Masterpiece Cakeshop, writes Elizabeth Sepper.
- The First Amendment does not protect discrimination, writes Sherrilyn Ifill.
- The decision isn’t as narrow as it may appear, writes Douglas Laycock.
- Why did Justices Elena Kagan and Stephen Breyer join the majority?
- The decision exemplifies the worst form of judicial minimalism, writes Richard Epstein.
The Court’s reluctance to issue definitive answers was also present in its opinion in Hughes v. United States, also released on Monday, writes Michael C. Dorf at Take Care.
The Supreme Court’s decision to vacate the D.C. Circuit’s ruling regarding the ability of female immigrant minors to access abortion while in federal custody does not change the fact that these women have a right to abortion, writes Brigitte Amiri at the ACLU.
DEMOCRACY
Officials are concerned about voters’ distrust of election security, which may be as powerful as an actual hack (WaPo).
- 26 states have received cybersecurity funding ahead of the midterms.
In seconds, an Ars Technica reporter faked his way into getting unsecured voter data (Ars Technica).
JUSTICE & SAFETY
The ‘national interests’ test published by DOJ’s Office of Legal Counsel, which explained the basis for the airstrikes against Syria provides no meaningful constraint on presidential power, writes Curtis Bradley and Jack Goldsmith at Lawfare.
Mexico announced that it would impose tariffs on cheese, whiskey, and other goods in response the Trump administration’s levies on steel and aluminum (NYT).
China offered to buy nearly $70 billion of American goods if the U.S. halted tariffs (NYT, WSJ).
Secretary of Education Betsy DeVos announced that the administration’s School Safety Commission, formed after the Parkland school shooting, will not look at guns (NYT, Politico).
President Trump is enthusiastic about issuing more pardons and could soon give one to a prisoner advocated for by Kim Kardashian in her recent meeting with the president (WaPo).
CONFLICTS OF INTEREST
The Global Anticorruption Blog tracks corruption and conflicts of interest in the Trump administration during June (GAB).
EPA head Scott Pruitt sought a ‘business opportunity’ with Chick-fil-A while leading the EPA (NYT).
- Pruitt ‘is about as swampy as you get,’ Sen. Joni Ernst said.
- He enlisted an EPA aide to try to line up work for his wife.
REGULATION
HHS’s decision to terminate some Teenage Pregnancy Prevention Program grants early implicates aspects of administrative law (Yale J. Reg.).
Several states are defying the FCC repeal of net neutrality (The Hill).
Jelena McWilliams was sworn in as the chairman of the FDIC (The Hill).
The FDA has ramped up efforts to stop websites marketing unapproved opiods (The Hill).
REMOVAL FROM OFFICE
Over the next twelve days, Take Care is hosting a symposium on To End A Presidency: The Power of Impeachment, a new book by Larry Tribe & Joshua Matz (Take Care).
Tags:
Immigration Conflicts Regulation Democracy Civil Rights Justice & Safety Removal from Office