Guest Post

  • January 30, 2018
    Guest Post

    by Caroline Fredrickson

    Trump will eventually answer questions from Special Counsel Robert Mueller in the Russia probe. What is unclear is when, what topics and what format the interview will take. At this point, the negotiations are ongoing.

    In the meantime, evidence mounts regarding obstruction of justice and contacts with Russia, with two people indicted, two pleading guilty, and numerous public misstatements so far. And the list of key questions grows longer:

  • January 29, 2018
    Guest Post
    by Daniel S. Alter, former general counsel for the New York State Department of Financial Services 

    *This piece was originally published by Times Union

    If it has not already done so, the New York State Department of Financial Services (DFS) could vigorously pursue what Congress has so ponderously avoided: whether Deutsche Bank aided, abetted, or facilitated the Trump Organization in possible Russian money laundering.

  • January 29, 2018
    Guest Post

    by Daniel Costa, Director of Immigrantion Law and Policy Research, Economic Policy Institute

    *This piece was originally published by Economic Policy Institute

    Yesterday the White House one-page framework for a legislative deal to provide a permanent immigration status to DACA recipients was made public, which is in addition to the four-page memo released on January 9 that included the Department of Homeland Security’s priorities for an “immigration deal.” The new one-page memo includes a long list of far-reaching demands to “reform” the immigration system, in exchange for remedying the crisis that President Trump himself imposed on the nearly 700,000 immigrants who were brought to the United States as children by their parents, and who voluntarily availed themselves to the U.S. government after they were promised that they would be protected and not deported by the Obama administration.

  • January 29, 2018
    Guest Post

    by Jim Dempsey, Executive Director, Berkeley Center for Law and Technology

    The recent reauthorization of Section 702 of the Foreign Intelligence Surveillance Act was never in doubt. However, civil liberties advocates were disappointed when Congress failed to adopt an amendment requiring the government to obtain warrants before seeking information about US citizens in the repository of data collected under statue. More broadly, the debate failed to grapple with the risks of electronic surveillance in the era of globalization, expanding storage capacities, and big data analytics. Nevertheless, looking forward, the reauthorization set up the potential for fresh judicial consideration of a key constitutional question and yielded some opportunities for enhanced oversight of the 702 program.

    It was widely accepted that activities conducted under Section 702 were effective in producing useful intelligence on foreign terrorism and other national security concerns. Chances for reauthorization were further boosted by the fact that the broad outlines of 702 implementation were, once you got past the incredible complexity of the statute, well within a reasonable interpretation of Congress’ words. The trust generated by express Congressional authorization was augmented, after the Snowden leaks, by substantial and ongoing public disclosures by the Executive Branch about the law’s implementation – more transparency than any government in the world has ever provided about a similar national security program.

  • January 25, 2018
    Guest Post

    by Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and founding director of the Center for Immigrants’ Rights Clinic at Penn State Law - University Park

    Deferred Action for Childhood Arrivals (DACA) is a policy implemented in 2012 that to date has enabled nearly 800,000 people who came to the United States before the age of sixteen, establish the requisite residence, physical presence and educational requirements to request a form of prosecutorial discretion known as “deferred action.” Originating from a rule published by the Reagan administration in 1981, grantees of deferred action may request work authorization if they can establish “economic necessity.” After receiving work authorization, the type of work a DACA recipient may enter is unrestricted, enabling one to pursue a job in a variety of sectors. DACA recipients with college degrees in a high-demand field are eligible to work in the area of their study and often do.