Ian Eppler, Ari Hoffman  //  5/31/17  //  Daily Update

During the presidential campaign, Russian officials discussed whether they had “leverage” over President Trump’s inner circle.  President Trump’s communications director resigned after three months on the job.  The German government has declined the United States’ offer of assistance in preventing Russian interference in Germany’s upcoming election.  President Trump’s proposed budget indicates that the administration intends to significantly weaken the Department of Justice’s Civil Rights Division.  And analysis of the Fourth Circuit’s decision to affirm a district court order blocking President Trump’s revised travel ban continues. 

IMMIGRATION

Analysis of the Fourth Circuit’s recent decision to affirm a district court order blocking President Trump’s revised travel ban continues.

• At Take Care, Joshua Matz outlines how the Supreme Court could review the revised travel ban, noting that reviewing the case on its normal schedule poses several problems, and ultimately suggesting that the Court should consider holding a special summer session to consider the case.
• At Lawfare, Andrew Kent discusses the Fourth Circuit’s citation of Ex Parte Milligan.
• Josh Blackman continues his four-part series on the decision for Lawfare by analyzing the concurring opinions.
• Cyrus Mehta argues that the decision may create an opportunity for future plaintiffs to challenge “bad faith” government decisions related to immigration.
• Mark Tushnet suggests that the Supreme Court could moot the case by modifying the underlying injunction to allow the administration to revise vetting procedures for visa applicants (Balkinization).

The Ninth Circuit denied a stay of deportation for Magana Ortiz, an undocumented immigrant who has lived in the United States for 28 years. Concurring in the denial, Judge Stephen Reinhardt sharply criticized the Trump administration’s aggressive immigration enforcement, arguing that “[i]t is difficult to see how the government’s decision to expel him is consistent with the President’s promise of an immigration system with ‘a lot of heart’”(ImmigrationProf Blog).

• The full opinion is here.

The Department of Justice’s attempt to pressure the Northwest Immigrant Rights Project to cease providing limited representation to certain immigrants in deportation proceedings is unconstitutional, argues Amy Roe at the ACLU’s Speak Freely blog.

In the Los Angeles Times, Esmeralda Bermudez documents how Los Angeles-area immigration attorneys and activists are responding to the challenges of the Trump administration.

Kevin Johnson at SCOTUSBlog looks at the Supreme Court’s approach to statutory interpretation in recent immigration cases.

CIVIL RIGHTS

President Trump’s proposed budget indicates that the administration intends to significantly weaken the Department of Justice’s Civil Rights Division, writes Chiraag Bains at Take Care.

The United States Court of Appeals for the Seventh Circuit has ruled that Title IX gives transgender students the right to use bathrooms corresponding to their gender identity, despite the Trump administration’s decision to rescind Obama-era guidance adopting that interpretation of Title IX (Constitutional Law Prof Blog, Human Rights Campaign Blog).

JUSTICE & SAFETY

President Trump has interviewed two more candidates for FBI director: former Transportation Security Administration director John Pistole and Christopher Wray, former Assistant Attorney General of the Department of Justice’s Criminal Division (WaPo).

The Department of Homeland Security has decided not to impose a ban on bringing laptops onto flights from Europe to the U.S. (Politico).

While leaks of intelligence information related to the Trump administration have played an important role in keeping the public informed, they may also set a dangerous precedent that could undermine civil liberties protections, argues Susan Hennessey at Lawfare.  

The German government has declined the United States’ offer of assistance in preventing Russian interference in Germany’s upcoming election, in what may be a sign of growing mistrust between the U.S. and Germany (The Hill).

CONFLICTS OF INTEREST

In the New York Times, Lily Batchelder looks at how the cap on pass-through business income stands to benefit very few, including President Trump.

RULE OF LAW

The Washington Post looks inside the daily briefing to report “how President Trump consumes — or does not consume — top-secret intelligence.”

CHECKS & BALANCES

At Take Care, Zachary Price argues that Congress could use its appropriations power to pressure the Trump administration to maintain the United States’ role in NATO.

The New York Times’ Editorial Boardlooks at the problematic effects of partisan gerrymandering.

At the Wall Street Journal, Kimberley Strassel peers into the “deep state.”

The Washignton Post takes stock of the fiercely pitched battle over voting rights in North Carolina.

Euegene Kontorovich assesses what may happen if President Trump chooses not to sign a waiver pursuant to the Jerusalem Embassy Act.

Nicholas Fandos profiles Walter Schaub, the director of the Office of Government Ethics and a candidate to be “the unlikeliest star of 2017.”

REMOVAL FROM OFFICE

Mike Dubke has resigned as President Trump’s communications director, but Jennifer Rubin writes in the Washington Post that the administration’s problems are bigger than its communications team.

RUSSIAN INTERFERENCE

Questions are being asked about Jared Kushner’s meeting with a Russian banker weeks before President Trump’s inauguration.

Meanwhile, CNN reports that Russian officials discussed during the presidential campaign whether they had “leverage” over President Trump’s inner circle.

Carrie Cordero at Lawfare breaks down the intersection between U.S. security interests and the back channel to Russia Kushner allegedly discussed establishing.

Eugene Robinson argues that Kusner’s presence in the White House will only continue to worsen the Russia scandal for President Trump.

David Brooks tries to make biographical sense of Kusner’s behavior.

Carl Hulse highlights four Senators to watch in the upcoming investigations.

The Washignton Post lays out the five major investigations into the Trump campaign’s dealings with Russia that are currently underway.

Jim Acosta and Tom LoBianco report that one of President Trump’s personal attorney’s, Michael Cohen, has refused a request to testify before Congress in connection with the Russia investigation.

In the New York Times, Jonathan Powell sheds light on the world of secret back channels.