Daily Update | May 25, 2018
Eve Levin // 5/25/18 //
President Trump cancelled his June 12 meeting with North Korean leader Kim Jong Un. The FBI is working to halt a “massive, sophisticated” Russian hacking network. Civil rights groups issued searing criticism of Education Secretary Betsy DeVos’s claim that the law permits schools to report undocumented students to immigration enforcement. The U.S. Court of Military Commission Review froze the appeal in the 9/11 case, United States v. Khalid Shaikh Mohammad, et al., because it currently lacks a quorum. President Trump signed into law rollbacks of some Dodd-Frank regulations. The DOJ is opening a criminal investigation into bitcoin trading and potential price manipulation. Former President Obama called for stricter regulation of technology firms’ use of user data.
TRUMP: INVESTIGATIONS AND LITIGATION
The Founders’ generation did not believe that Article II, Section 1 of the Constitution prohibits vesting investigatory power in officials not answerable to the President, writes Richard Primus at Take Care.
The argument that the Special Counsel’s investigation violates the Appointments Clause is not “remotely persuasive,” argues Steve Vladeck at Just Security.
DOJ officials must be ready to file for declaratory relief against the President if he demands the disclosure of more confidential material from the DOJ and FBI, argues Jed Shugerman at Slate.
Stephanie Clifford, a.k.a. Stormy Daniels, is asking a federal judge to reconsider his decision to delay her lawsuit against President Trump (The Hill).
The President’s attacks on the FBI ignore the fact that the FBI has twice rescued his presidency, argues Bret Stephens at the New York Times.
The President’s lawyers almost reached a deal for an interview with Mueller in January but the discussions eventually broke down, report Peter Nicholas and Rebecca Ballhaus at the Wall Street Journal.
- Rudy Giuliani suggested that the President would decide on whether to agree to an interview in the “next couple weeks” (Politico).
Longtime Trump confidant Roger Stone may prove to be a key player in the Special Counsel’s investigation if he flips, writes Darren Samuelsohn at Politico.
IMMIGRATION
Immigration is crucial to the U.S. economy for three main reasons, explains Jacob Monty at ImmigrationProf Blog.
A border patrol agent shot and killed a woman who had crossed the border illegally after the agent reportedly came under physical attack by other undocumented immigrants (NYT; ImmigrationProf Blog).
Civil rights groups issued searing criticism of Education Secretary Betsy DeVos’s claim that the law permits schools to report undocumented students to immigration enforcement (WaPo).
In the latest post in an ongoing debate, Alex Nowrasteh defends his methodology in concluding that immigrants receive less welfare benefits on a per capita basis than non-immigrants (Cato).
The government’s claim that it has “extensive” analysis backing the travel ban is untrue, claims David Bier at Cato.
- Ilya Somin agrees at the Volokh Conspiracy.
The Trump administration’s plan to crack down on students who overstay their visas stoked concerns among those in higher education (NYT).
Senate Majority Leader Mitch McConnell downplayed the odds of a Senate vote on immigration legislation (WSJ).
- Nonetheless, centrist Republicans in the House intent on forcing a vote appeared to gain ground on Thursday (WSJ).
CIVIL RIGHTS
The Human Rights Campaign projected a message on the U.S. Department of Education Building protesting the impact of the Trump administration’s policies on LGBTQ youth (HRC).
The ACLU filed a FOIA request seeking information regarding the federal government’s collection of social media data (ACLU).
The U.S. Court of Military Commission Review froze the appeal in the 9/11 case, United States v. Khalid Shaikh Mohammad, et al., because it currently lacks a quorum (Lawfare).
It’s unlikely the President has ever given serious thought to his views on reproductive rights, despite his public flip-flop on the subject, writes Gail Collins at the New York Times.
DEMOCRACY
Facebook must take four concrete steps to protect free speech on its platform, argue Faiza Patel and Rachel-Levinson-Waldman at Just Security.
Commentary continued on Wednesday’s federal court holding that the President’s blocking of Twitter users violates the First Amendment.
- Rick Hasen notes that the court issued a declaratory judgment, rather than an injunction, at Election Law Blog.
- Eugene Volokh adds that the remedial decision may make a difference if President Trump appeals (Volokh Conspiracy).
Some Never-Trump Republicans have been receiving funding and support from influential liberal donors (NYT).
JUSTICE & SECURITY
The laudable release of Corey Williams from prison obscures the troubling prosecutorial power that meant he had to plead guilty to secure his release, argues Leah Litman at Take Care.
President Trump cancelled his June 12 meeting with North Korean leader Kim Jong Un (NYT; WSJ; Politico).
- North Korea says it is willing to give President Trump time to reconsider the decision (NYT).
- Mikayla Bouchard chronicles the episode at the New York Times.
- The President was right to cancel the meeting, argues the Wall Street Journal Editorial Board.
- The breakdown of the relationship signals the beginning of a more dangerous period of U.S.-North Korea relations, observes Nicholas Kristof at the New York Times.
- The President must now take a more realistic approach to managing North Korea and its nuclear capabilities, writes Jon Wolfsthal at Politico.
- Read the White House’s letter cancelling the meeting here, courtesy of Lawfare.
- David Sanger annotates the letter at the New York Times.
- Michael Crowley provides his own annotation at Politico.
- The episode reflects the President’s misguided “me-first diplomacy,” opine Greg Jaffe and Paul Sonne at the Washington Post.
- A simulator at the New York Times suggests preventive military strikes against North Korea might not be a viable option.
Senator Ron Wyden pressed the FBI to explain the inflated figures it quoted regarding the number of encrypted cellphones federal investigators were unable to access last year (The Hill).
A massive pending arms deal between Saudi Arabia and Raytheon raises the question whether the Saudi-led coalition in Yemen will honor its promises to limit civilian casualties (Just Security).
Attorney General Jeff Sessions named Zachary Terwillinger to serve as the interim U.S. Attorney for the Eastern District of Virginia (WaPo).
The President posthumously pardoned boxer Jack Johnson at the urging of actor Sylvestor Stallone (WSJ; Sentencing Law and Policy).
The White House’s narrowed focus on evidence-based policies for prison reform and re-integration are welcome developments, argues Gerard Robinson at the Hill.
A new proposal for a revised AUMF shows promise, argues Heather Brandon-Smith in a detailed breakdown at Just Security.
The DOJ is opening a criminal investigation into bitcoin trading and potential price manipulation (Ars Technica).
A dispute between Jared Kushner and Attorney General Jeff Sessions allegedly drove the Federal Prisons Director to resignation (NYT).
RULE OF LAW
President Trump’s claim that James Clapper “admitted” to spying during the presidential campaign is patently untrue, writes Linda Qiu at the New York Times.
REGULATION
This week’s Versus Trump podcast considers the Fifth Circuit’s decision striking down the so-called “Fiduciary Rule.”
President Trump declared the U.S. economy is “probably the best economy the country’s ever had” in an interview on Fox & Friends (The Hill).
The federal government must direct federal resources toward training workers for jobs in the renewable energy sector, argues Becky Cairns at the Hill.
The administration is considering a 25% tariff on imported vehicles justified on national security grounds (WaPo; WSJ).
- Free trade benefits Americans and non-Americans alike, writes Simon Lester at Cato.
- Auto-industry insiders and allies responded to the news with consternation (NYT).
- The move reveals the President’s misguided and messy approach to trade, argues the Wall Street Journal Editorial Board.
President Trump signed into law rollbacks of some Dodd-Frank regulations (Consumer Finance Monitor).
Former President Obama called for stricter regulation of technology firms’ use of user data (The Hill).
Congress should reverse course on permitting oil drilling in the Arctic National Wildlife refuge’s coastal plain, urges Erik DuMont at the Hill.
CONFLICTS OF INTEREST
Secretary of State Mike Pompeo lost his temper in response to a Senator’s questioning regarding President Trump’s business interests (NYT).
RUSSIAN INTERFERENCE
The FBI seized a domain used by the Russian hacking group responsible for the 2016 Democratic National Committee hack (Ars Technica).
Justice Department and intelligence officials briefed top Congressmen and Senators on the secret FBI source who aided in the Russia investigation (WaPo; WSJ).
- The President’s lawyer and Chief of Staff attended the meeting (NYT).
- Rudy Giuliani suggested that the briefing might prompt a Trump-Mueller interview (Politico).
The FBI is working to halt a “massive, sophisticated” Russian hacking network (The Hill).
Tags:
Immigration Rule of Law Conflicts Regulation Democracy Civil Rights Justice & Safety Russian Interference