Daily Update | November 27, 2018
Zak Lutz // 11/27/18 //
Special Counsel Mueller reported that Paul Manafort lied to the FBI. The Customs and Border Protection Agency used tear gas on migrants trying to cross the Southern border and closed a major border crossing station. The DOJ is seeking early Supreme Court review of the transgender military policy. Democrats have filed a host of suits over the appointment of Matthew Whitaker as Acting Attorney General. An inability to fill key national security positions threatens our safety. Russian cybersecurity attacks have increased since the election. Commentators have speculated whether President Trump’s attacks on “Obama judges,” Chief Justice Roberts’ response, Minority Leader Schumer’s interjection, and President Trump’s further response will lead to interbranch conflict or create a constitutional problem.
TRUMP: LITIGATION AND INVESTIGATIONS
Special Counsel Mueller reported that Paul Manafort lied to the FBI (The Hill, LAT, NYT, Politico, Sentencing Law and Policy, WaPo).
IMMIGRATION
The Customs and Border Protection Agency used tear gas on migrants trying to cross the Southern border and closed a major border crossing station (Politico, NYT).
- A video of the scene is available here (NYT).
- A more extensive report is here (NYT).
- The Mexican President (“AMLO”) responded (NYT).
- Border control defended their actions (LAT).
- There is no clear resolution to the ongoing crisis (NYT).
- The crossing shutdown is damaging the local economy (NYT).
- Government officials are bracing for more incidents (WaPo).
- Migrants feel more at risk than ever before (LAT).
Legal analysis suggests that the recent “Cabinet Memo” authorizing the military to stop migrants at the border has unclear legal implications and constitutionality (Just Security).
Troops have been shifted to the expected crossing point of the “caravan” (WaPo).
There are conflicting reports about what--if any--deal the United States and Mexico made about asylum seekers (Aljazeera, ImmigrationProfBlog, WaPo).
CIVIL RIGHTS
The DOJ is seeking early Supreme Court review of the transgender military policy (Religion Clause).
DEMOCRACY
Democrats have filed a host of suits over the appointment of Matthew Whitaker as Acting Attorney General (The Hill).
- Commentators continue to offer opinions on the appointment’s constitutionality (ShugerBlog, Yale Journal on Regulation).
- 15 states have joined Maryland’s lawsuit challenging the appointment (The Hill).
The Trump Administration again asked the Supreme Court to stop a lawsuit seeking to prevent the upcoming census from asking about a person’s citizenship status (LyleDennistonBlog).
JUSTICE & SAFETY
As a US Attorney, Acting Attorney General Matthew Whitaker imposed harsher-than-usual drug sentences (WaPo).
An inability to fill key national security positions threatens our safety, argue Norton Schwartz and Thomas Stephenson in The Hill.
History will not be kind to Attorney General Jeff Sessions--though he did succeed at many of his goals, argues Sagiv Galai at the ACLU.
REGULATION
The EPA is considering reducing biofuel quotas (ArsTechnica).
The Department of Labor may soon test whether the Congressional Review Act may impose a “spring gun” that invalidates any rules similar to the one Congress rejects (Yale Journal on Regulation).
The Trump Administration proposed changes to Medicare’s prescription drug rules (LAT).
The Trump Administration is trending towards more use of “need-blind” analysis of regulatory policies, argues Dan Farber in Legal Planet.
RULE OF LAW
Chief Justice Roberts’ statement responding to the President is not enough to respond to a structural problem: judges need to act in such a way that they are not perceived as political, argues Zachary Price in Take Care.
Commentators have speculated whether President Trump’s attacks on “Obama judges,” Chief Justice Roberts’ response, Minority Leader Schumer’s interjection, and President Trump’s further response will lead to interbranch conflict or create a constitutional problem (Fox, Fox, Guardian, NBC, NYT, WaPo, Wash. Times).
RUSSIAN INTERFERENCE
Russian cybersecurity attacks have increased since the election (The Hill).
Beyond investigating the Trump campaign, the Mueller probe should reveal how Russia tries to interfere with American politics, argues Stephanie Douglas in Just Security.
Tags:
Immigration Rule of Law Regulation Democracy Civil Rights Justice & Safety Russian Interference