Daily Update | September 14, 2018
Paul Manafort and Special Counsel Robert Mueller’s office are nearing a plea agreement. The federal government reached a settlement agreement that would allow approximately 1,000 asylum seekers whose families were separated under the Trump Administration’s “zero tolerance” policy to re-apply for asylum. Eighteen former counterterrorism officials called on the Departments of Justice and Homeland Security to retract or correct a report that misleadingly implied a link between terrorism and immigration. The U.S. government’s entire system for organizing and maintaining a record of its own activities is on the verge of collapse. The NLRB announced a proposed rule that would make it more difficult for employees of contractors and franchises to challenge abusive labor practices. A bipartisan group of 17 governors announced a new set of policies aimed at combating climate change while working around the Trump Administration.
TRUMP: INVESTIGATIONS AND LITIGATION
Paul Manafort and Special Counsel Robert Mueller’s office are nearing a plea agreement, Evan Perez and Katelyn Polantz report at CNN.
- President Trump’s lawyers confirmed they are part of a joint defense agreement with Paul Manafort’s legal team, even as Manafort has been engaged in negotiations over a plea agreement with the Special Counsel, Darren Samuelsohn and Josh Gerstein report in Politico.
IMMIGRATION
The federal government reached a settlement agreement that would allow approximately 1,000 asylum seekers whose families were separated under the Trump Administration’s “zero tolerance” policy to re-apply for asylum, write Fred Barbash and Allyson Chiu in the Washington Post.
- Read the agreement here.
The Trump Administration announced plans to provide Mexico with tens of millions of dollars to aid it in deporting immigrants who are in that country illegally (NYT).
Eighteen former counterterrorism officials called on the Departments of Justice and Homeland Security to retract or correct a report that misleadingly implied a link between terrorism and immigration, Ellen Nakashima reports in the Washington Post.
- Read the letter to DOJ and DHS here.
Calls to “abolish ICE” are counterproductive for immigration reform activists, argues Darren E. Tromblay in Just Security.
The Census Bureau announced that the foreign-born percentage of the population reached its highest point since 1910 (NYT).
Immigration authorities are detaining passport applicants near the border, questioning the authenticity of their birth certificates and calling into question their status as citizens, Kevin Sieff reports in the Washington Post.
DEMOCRACY
A three-judge panel will soon hear arguments on whether to “bail-in” Texas under the Voting Rights Act’s preclearance provisions, teeing up what could be the first major race and federalism case heard by a Supreme Court with Justice Kavanaugh, writes Travis Crum on Election Law Blog.
The U.S. government’s entire system for organizing and maintaining a record of its own activities is on the verge of collapse, writes David Pozen in Balkinization.
A Supreme Court with a Justice Brett Kavanaugh could pave the way for an era of rampant corruption, Paul Waldman argues in the Washington Post.
JUSTICE & SAFETY
In the wake of Sergei Skripal’s poisoning, the CIA and FBI have reassessed the safety of Russian defectors who have been resettled in the United States, Adam Goldman, Julian E. Barnes, Michael S. Schmidt, and Matt Apuzzo report in the New York Times.
The divide between the administrative and operational militaries has spawned a number of unintended consequences that have accelerated under President Trump, Mark Nevitt argues in Just Security.
The Treasury Department announced new financial penalties on two IT companies and a Chinese national for violating U.S. sanctions of North Korea, writes Sylvan Lane in The Hill.
The proposed U.S. Space Force must be cognizant of American commitments under the Outer Space Treaty to remain legal under international and domestic law, argues Adam Irish in Opinio Juris.
CONFLICTS OF INTEREST
The Department of Homeland Security’s inspector general is investigating FEMA administrator Brock Long for misuse of government vehicles, Daniel Lippman and Eliana Johnson report in Politico.
The prosecution of Paul Manafort has revealed a number of shortcomings in the Foreign Agents Registration Act, writes Sharon LaFraniere in the New York Times.
REGULATION
The NLRB announced a proposed rule that would make it more difficult for employees of contractors and franchises to challenge abusive labor practices, Noam Scheiber writes in the New York Times.
- Read the NLRB’s announcement here.
The Trump Administration has refused to allow Massachusetts to experiment with policies that would increase the state’s leverage in negotiations over certain pharmaceuticals, Nick Bagley writes in Take Care.
Environmental advocacy groups that have successfully blocked or delayed natural gas pipeline construction in recent years are being counterproductive in the fight against climate change, argues Richard J. Pierce, Jr. in The Regulatory Review.
RULE OF LAW
President Trump cannot block the release of any report produced by Special Counsel Robert Mueller’s office by claiming executive privilege, Jessica Marsden and Andy Wright argue in Slate.
The Justice Department’s conclusion that a sitting president cannot be indicted should be tested before the Supreme Court, argues Michael Avenatti in the New York Times.
CHECKS & BALANCES
If and when Brett Kavanaugh is confirmed to the Supreme Court, his arrival will likely change the other eight justices on the Court, Linda Greenhouse argues in the New York Times.
FEDERALISM
A bipartisan group of 17 governors announced a new set of policies aimed at combating climate change while working around the Trump Administration, writes Robinson Meyer in The Atlantic.
- Read the joint statement here.
The Attorney General of Maryland field suit seeking an injunction requiring continued enforcement of the Affordable Care Act, in response to Texas’ suit seeking to invalidate the law, writes Nicholas Bagley in Notice & Comment.
Tags:
Immigration Rule of Law Conflicts Checks & Balances Federalism Democracy Justice & Safety