Rachel Chung  //  11/10/17  //  Daily Update

This week’s Versus Trump covers abortion rights, the transgender ban, Muslim Ban 3.0, and the “International Entrepreneur Rule." White House Chief of Staff John Kelly unsuccessfully tried to pressure DHS not to extend residency permits for tens of thousands of Hondurans living in the United States. Maine Secretary of State Matthew Dunlap, a member of the President’s Commission on Election Integrity, sued the Commission, claiming it is keeping Democrat members in the dark. The Justice Department announced a plan to bring criminal charges against anyone who possesses, imports, distributes or manufactures any fentanyl-related substance. The Justice Department is seeking a plea deal with Paul Manafort’s former son-in-law Jeffrey Yohai, relating to real estate dealings through shell companies. 

PODCAST

On this week’s Versus Trump, Jason Harrow and Easha Anand discuss Hargan v. Garza, the President’s trans ban, Muslim Ban 3.0, and the “International Entrepreneur Rule,” a proposed USCIS regulation to increase foreign entrepreneurship in the U.S.

IMMIGRATION

White House Chief of Staff John Kelly unsuccessfully tried to pressure DHS not to extend residency permits for tens of thousands of Hondurans living in the U.S. (WaPo, NYT).

CIVIL RIGHTS

The Administration’s arguments in Hargan v. Garza constituted a claim that the government need not follow abortion law, writes Linda Greenhouse at the New York Times.

DEMOCRACY

Maine Secretary of State Matthew Dunlap, a member of the President’s Commission on Election Integrity, sued the Commission, claiming it is keeping Democrat members in the dark (The Hill, WaPo).

• Dunlap’s complaint is here.
• The lawsuit is a sign the Commission is imploding, argues Mark Joesph Stern at Slate.

JUSTICE & SAFETY

During his visit to China, President Trump tried flattery with President Xi Jinping while simultaneously pressing China to take tougher actions against North Korea (WaPo, BBC).

• President Trump called specifically for China to suspend oil shipments to North Korea (NYT).
• President Xi did not respond directly but told Chinese media he was committed to “dialogue and negotiation” (The Guardian).

Secretary of State Rex Tillerson said international sanctions against North Korea are starting to impact the country’s economy (CNN).

Deputy Attorney General Rod Rosenstein discussed the FBI’s efforts to unlock the Texas shooter’s phone to warn against strong encryption that law enforcement cannot access (The Hill).

• Apple offered the FBI advice after learning investigators were trying to access the phone’s data (The Hill).
• The company is taking a markedly different approach than in past situations where law enforcement has tried to decrypt phones, observes Aaron Mak at Slate.

Part of its increased efforts to address the opioid crisis, the Justice Department announced a plan to bring criminal charges against anyone who possesses, imports, distributes or manufactures any fentanyl-related substance (WaPo).

• The DEA temporarily suspended all fentanyl-related substances (The Hill).

CONFLICTS OF INTEREST

Members of Congress have standing in their Emoluments case because they are harmed when President Trump accepts foreign emoluments without first obtaining congressional consent, contends Brianne Gorod at Take Care.

REGULATION

Disparities in the House and Senate tax bills indicate the competing pressures that lawmakers face to advance the bill through their respective chambers (NYT).

The Senate bill would delay a corporate tax cut that the President wants to prioritize (WaPo).

The Republicans’ messy tax process promises to leave the final bill a far cry from the initial proposal, writes Neil H. Buchanan at Dorf on Law.

• The bill stands to reshape higher education in the long term, argues Joseph Fiskin at Balkinization.

The EPA plans to repeal key Obama-era regulation that limited greenhouse gas emissions from heavy-duty trucks (The Hill).

RUSSIAN INTERFERENCE

When Manafort’s alleged crimes stretch back to 2006, why did it take so long to indict him?, asks Kate Brannen at Just Security.

The Justice Department is seeking a plea deal with Paul Manafort’s former son-in-law Jeffrey Yohai, relating to real estate dealings through shell companies (Talking Points Memo, WSJ).

Former White House national security adviser Michael Flynn is concerned about his son’s potential legal exposure in Special Counsel Mueller’s Russia probe, which could affect how he responds to the investigation (CNN).

Russian Twitter trolls intentionally shifted attention away from then-candidate Trump’s Access Hollywood tapes toward criticism of Hillary Clinton (The Hill).

House Democrats are pushing for more aggressive efforts to stop foreign meddling in U.S. elections (The Hill).