ACSBlog

  • 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
    BookTalk

    by Lisa Manheim, Associate Professor of Law, and Kathryn Watts, Jack R. MacDonald Endowed Chair, University of Washington School of Law 

    Over the course of the past year, a seemingly endless stream of questions have emerged concerning what the law does, and does not, allow the President of the United States to do. For example, can the president build his promised wall along the U.S.-Mexico border? Can he impose a “shutdown” of Muslims entering the United States? Can he rollback various Obama-era environmental regulations, such as the Clean Power Plan? Can he fire Robert Mueller?

    Notably, these sorts of questions are being asked not only by lawyers and others in the legal arena. They are being asked by people all across the country.

    In response to these types of questions, we wrote a guide aimed at a general audience that provides a crash course on the laws that both empower and limit the President of the United States. That book, The Limits of Presidential Power: A Citizen’s Guide to the Law, is now available. We hope that our book provides an accessible and understandable guide to the what, why, and how of the laws that both govern the president and empower citizens.

  • 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.