Ryan Hayward, Britany Riley  //  6/7/17  //  Daily Update

President Trump's latest tweets about the Muslim Ban have drawn further analysis. A number of Twitter users have invoked to the First Amendment to demand that Trump unblock their accounts. An intelligence contractor has been charged in the first leak case under Trump. The Trump Administration is struggling to fill key positions—most notably FBI director. Former FBI Director James Comey reportedly asked Attorney General Jeff Sessions not to leave him alone in a room with the President. And facing Trump's fury over Russia, Sessions at one point reportedly floated his resignation to the President.

IMMIGRATION

Discussion continues about the pending entry ban case before the Supreme Court.

• Take Care provides a comprehensive roundup of all its analyses of the revised entry ban.
• If the Supreme Court dismisses the entry ban case based on mootness, it might also vacate the lower appeals court decision, explains Dan Epps (Take Care, PrawfsBlawg).
• The government is opposing an attempt to force disclosure of a Trump campaign document that “may have served as the basis” for the original and revised entry bans (Politico).
• President Trump’s Monday-morning tweetstorm could pose ethical quandaries for DOJ lawyers defending the entry ban in court (Reuters).
• Press Secretary Sean Spicer affirmed that President Trump’s tweets are “official statements” of the President (WaPo).
• At Vox, Dara Lind adds to the voices arguing that Trump’s Monday-morning tweets undermine the government’s arguments before the Court.
• At Slate, Dahlia Lithwick and Mark Joseph Stern ask whether President Trump is trying to lose the case.

Despite Department of Homeland Security officials’ claims that “catch-and-release” immigration enforcement practices have ended, that is not the case (Reuters, Christian Science Monitor).

CIVIL RIGHTS

A number of Twitter users are demanding President Trump unblock their accounts, based on the First Amendment (ABA Journal, Ars Technica, The Intercept, WSJ).

Secretary of Education Betsy Devos again refused to answer whether her department will refuse federal funding to private schools discriminating against LGBT students (The Hill, Human Rights Campaign).

Disability advocates held rallies across the country to protest President Trump’s proposed budget cuts to Medicaid (Disability Scoop).

U.N. Ambassador Nikki Haley warned that the U.S. may withdraw from the U.N. Human Rights Council (WaPo).

The AHCA and President Trump’s proposed budget would decimate Planned Parenthood funding (WaPo).

DEMOCRACY

Both Republicans and Democrats gerrymander districts, but only Republicans are good at it (WaPo).

JUSTICE & SAFETY

An intelligence contractor has been charged in the first leak case under President Trump (NYT, WaPo, The Hill, Slate).

President Trump appeared to side with Saudi Arabia in its dispute with Qatar and to take credit for the former’s actions (Politico, NYT).

• The presence of a major U.S. military base in Qatar provides that country with significant leverage (WaPo).

Contrary to President Trump’s claims, a new Brennan Center report demonstrates that the national crime rate remained stable in 2016.

• At The Marshall Project, Justin George asks whether a bipartisan consensus around criminal justice reform can be salvaged in light of Trump Administration policy.

Some U.S. diplomats are pushing back on President Trump’s straining of relationships around the world (NYT).

A Canadian minister said that country would begin building up its military in response to U.S. withdrawal from the world stage (WaPo).

CONFLICTS OF INTEREST

The Trump Organization plans to open four new hotels in Mississippi, hoping to capitalize on the President’s popularity among working-class voters in the area (WaPo). 

Eric Trump says he still discusses Trump Organization business matters with President Trump, but claims it is impossible for the President to have conflicts of interest (Politico).

REGULATION

The Trump Administration's decision to leave the Paris Climate Agreement damages American credibility abroad and risks further economic instability and international conflict, argues Army veteran Bishop Garrison at Just Security.

• Acting U.S. Ambassador in China David Rank resigned in protest (LA Times).
• California Governor Jerry Brown, who called the move “insane,” met with officials in Beijing to cement plans to cooperate on clean energy initiatives (Ars Technica).

Jay Hakes gives a historical perspective on American involvement in climate agreements (RealClear Energy).

President Trump is struggling to fill key position in his administration—most notably FBI director (Politico).

• Only 15% of science positions requiring confirmation have nominees (WaPo).
• Many face long wait times for approval due to late submissions and other paperwork delays (WaPo).

A Senate Committee advanced President Trump’s controversial nominee for deputy Secretary of the Interior, David Bernhardt, who faced opposition due to his role as a mining and energy lobbyist (The Hill).  

Major internet companies, such as Amazon and Reddit, will join activist in collective actions protesting FCC Chairman Ajit Pai’s plans to scrap net neutrality rules (Ars Technica).  

The Trump Administration favors privatization of many infrastructure projects, but these public-private partnerships may leave taxpayers with the bill without any clear benefit (NYT).

• Private toll booths would especially benefit, argues Lee Fang (The Intercept).

Senators met the Department of Education budget with criticism and calls on Education Secretary Betsy Devos to explain the proposal (The Hill).

President Trump will nominate Joseph Otting, a former banker and close ally of Treasury Secretary Steven Mnuchin, as comptroller of the currency (NYT, LA Times).

CHECKS & BALANCES

Despite Republican majority, Congress still has the tools and some will to oppose President Trump’s policies (Politico).

RULE OF LAW

The Senate must ensure continued impartiality from the Director of the FBI and should ask these ten questions of any nominee, suggests Allison Murphy at Take Care.

RUSSIAN INTERFERENCE

Former FBI Director James Comey reportedly asked Attorney General Sessions not to leave him alone in a room with the President (NYT).

Facing President Trump's fury over the Russia investigation, among other matters, Attorney General Sessions reportedly floated his resignation to the President (The Hill).

President Trump likely already waived any executive privilege claims regarding conversations with James Comey by frequently and publicly commenting on their content, argue Leah Litman and Laurence Tribe at Take Care.

Politico compiled everything we know so far about the Mueller investigation into the Trump Administration’s ties to the Kremlin.  

Virginia Senator Mark Werner claims Russian cyber-attacks on election systems were more extensive than recently leaked NSA documents reported (The Intercept).

The leaks showcase serious holes in American cybersecurity, argues Patrick G. Eddington at Cato on Liberty.

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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