Daily Update | October 19, 2018
President Trump finally stated that he believed that journalist Jamal Khashoggi was dead. Emmet T. Flood has been named White House Counsel on a temporary basis. President Trump threatened closure of the Southern border if Mexico did not stop the ‘caravan’ of migrants headed from Guatemala to the United States. DHS is considering withdrawing from the Flores Agreement, a 21-year-old court-supervised settlement agreement that provides strict conditions for the detention of immigrant children. The Privacy and Civil Liberties Oversight Board finally released a report that shows a gaping hole in privacy protections from U.S. surveillance. The Heritage Foundation’s training program for judicial clerks raised ethical questions and concerns regarding the duties of the clerks to the judges they will serve. The Inspector General concluded that Secretary of the Interior Ryan Zinke violated the Department’s policy on travel.
TRUMP: INVESTIGATIONS & LITIGATION
Emmet T. Flood has been named White House Counsel on a temporary basis (WaPo).
A request by a Democratic-led House for President Trump’s tax returns causes concerns for taxpayer privacy and political consequences, writes Andy Grewal at Notice & Comment.
IMMIGRATION
President Trump threatened closure of the Southern border if Mexico did not stop the ‘caravan’ of migrants headed from Guatemala to the United States (NYT).
- The NYT interviewed migrants in the caravan.
- A new surge at the border is forcing migrant families into motel rooms (NYT).
DHS is considering withdrawing from the Flores Agreement, a 21-year-old court-supervised settlement agreement that provides strict conditions for the detention of immigrant children (Just Security).
Separating children from their parents is torture, writes Beth van Schaack at Just Security.
The New York Legal Assistance Group filed a lawsuit claiming that DOJ is unlawfully failing to publicly post thousands of decisions in immigration cases (Immigration Prof Blog).
- Read the complaint here.
A coalition of environmental groups sued to stop the administration from speeding construction of the first phase of the southern border wall by waiving environmental laws designed to protect air and water quality, public lands, and wildlife (LA Times).
CIVIL RIGHTS
In order to win at the Supreme Court, liberals are going to have to embrace the bankrupt judicial philosophy of originalism, writes Richard L. Hasen at Slate.
The Privacy and Civil Liberties Oversight Board finally released a report that shows a gaping hole in privacy protections from U.S. surveillance, writes Ashley Gorski at ACLU.
Trump administration lawyers filed a challenge with the Supreme Court regarding the lawsuit brought by 21 children about the government’s failure to act on climate change, arguing that the suit violates federal law and implicates separation of powers (Lyle Denniston Law News, SCOTUSBlog).
DEMOCRACY
The real voter fraud is in restricting a fundamental right, writes the Editorial Board of USA Today.
Many Native Americans are prevented from voting because they live on rural reservations that do not have traditional street addresses and receive mail at P.O. boxes, rather than at home (WaPo).
JUSTICE & SAFETY
President Trump finally stated that he believed that journalist Jamal Khashoggi was dead (NYT).
- President Trump misapplied the presumption of innocence to allegations that Saudi Arabia was responsible, writes Ben Batros at Just Security.
- Chimène Keitner dispelled myths regarding consular immunity.
- An aide to Saudi crown prince Mohammed bin Salman was spotted entering the consulate prior to Khashoggi’s entrance (NYT).
- Treasury Secretary Steven Mnuchin withdrew from an investment conference next week in Saudi Arabia (WaPo, LATimes, WSJ).
The United States needs to focus on supply chain security by minimizing the number of components that are essential to better insulate itself from supply chain attacks, writes Nicholas Weaver at Lawfare.
Sentences for whistleblowers should reflect First Amendment interests, writes Mailyn Fidler at Just Security.
Facebook’s political disclosure rules are not working and things are going to get worse without change, writes Rick Hasen at Election Law Blog.
DOJ is investigating alleged sexual abuse of children by clergy in Pennsylvania (WaPo).
The FBI’s Criminal Justice Information Services Division belongs at DHS, writes Darren E. Tromblay at Lawfare.
The Jones Act is necessary for the economy and national security, writes Rep. John Garamendi at The Hill.
CONFLICTS OF INTEREST
The Heritage Foundation’s training program for judicial clerks raised ethical questions and concerns regarding the duties of the clerks to the judges they will serve (NYT).
- The program was suspended following the concerns (The Hill).
The Inspector General concluded that Secretary of the Interior Ryan Zinke violated the Department’s policy on travel (WaPo).
- Democrats questioned the vetting of the candidate to assume the role of Inspector General and assume authority over the probes into Secretary Zinke (Politico).
REGULATION
President Trump’s attacks on the Federal Reserve are concerning, writes Neil H. Buchanan at Verdict.
FCC Chair Ajit Pai repealed rules implemented after Hurricane Sandy that would have helped restore service in Florida more quickly following Hurricane Michael, writes Jon Brodkin at Ars Technica.
The EPA should have some flexibility in interpreting environmental law to keep up with changes in how the grid operates, similar to the Federal Energy Regulatory Commission, writes Dan Farber at Legal Planet.
The Department of Education’s ‘borrower defense rule,’ which addresses a student’s ability to assert misconduct as a defense to repayment of a student loan, came into effect following the denial of a renewal of a preliminary injunction (Ballard Spahr LLP).
The CFPB hinted at possible rulemaking regarding disparate impact (Ballard Spahr LLP).
The CFPB’s statement that it was considering rulemaking to clarify the meaning of ‘abusive’ under the Dodd-Frank Act may be much ado about nothing, writes Christopher J. Willis at Ballard Spahr.
RUSSIAN INTERFERENCE
There are two competing narratives regarding Russian interference in the 2016 election, writes Gabriel Schoenfeld at Lawfare.
Twitter published a data store of accounts tied to Russian and Iranian influence campaigns (Ars Technica).
Tags:
Immigration Conflicts Regulation Democracy Civil Rights Justice & Safety Russian Interference