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News@Law, 02/15/2017

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

PRI
Is the US a ‘safe’ country for refugees? (audio)
President Donald Trump’s executive order barring US entry by immigrants and refugees from seven Muslim-majority nations dominated the global conversation. But it’s just one of several important executive orders the Trump administration has made to change the processes and rights available to undocumented people, including refugees, a new report says. Deborah Anker, a Harvard Law School professor and director of the Harvard Immigration and Refugee Clinical Program, wants to draw attention to the interior and border enforcement executive orders that have not gotten a lot of publicity. What they amount to, she says, is “massive detention and deportation without the priorities set out by previous administrations.” The president “has called for the construction of detention facilities across the southern border,” given agents license to make arrests on the “mere suspicion” of undocumented status and greatly diminished the possibility for appeal. For her, all of these moves are troubling, but it’s most problematic for refugees.
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The Washington Post
Who is Donald McGahn, the fiery lawyer at the center of virtually every Trump controversy?
Less than a month into his presidency, Donald Trump has faced no shortage of controversies. Donald McGahn — the fiery lawyer who has represented the president since before his election — has been at the center of virtually every one....Jack Goldsmith, a Harvard Law School professor and co-founder of the Lawfare blog, said that part of McGahn’s job is “ensuring that the president avoids legal controversy or related political controversy.” “The White House counsel’s responsibilities go far beyond technical legal compliance,” said Goldsmith, a former assistant attorney general heading the Office of Legal Counsel. “He is supposed to ensure compliance with ethics rules. And he is supposed to anticipate political problems related to legal issues that might adversely affect the president and take steps to protect the president. That McGahn clearly did not do.”
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The New York Times
With Michael Flynn’s Resignation, a New Focus on the Logan Act
The resignation under pressure on Monday night of President Trump’s national security adviser, retired Lt. Gen. Michael T. Flynn, centers on the F.B.I.’s scrutiny of his phone calls in late 2016 with the Russian ambassador, Sergey I. Kislyak...But even if Mr. Trump sanctioned the conversation, on its face the Logan Act appears to apply to a president-elect and his top aides, said Laurence Tribe, a Harvard Law School constitutional law professor. A president-elect is not an official of the United States,” Mr. Tribe said. “There is no reason why the Logan Act would not apply to the president-elect since it applies to all private citizens, and the people working on the transition are all working in a private-citizen capacity. They have not taken the oath, so they are covered by the act — to the extent that matters.”
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Bloomberg
How Trump Can Get Israelis and Palestinians to Deal
An op-ed by Noah Feldman. Wednesday’s White House visit by Israeli Prime Minister Benjamin Netanyahu has raised speculation that U.S. President Donald Trump will try to tackle Middle East peace, perhaps relying on the efforts of his counselor and son-in-law Jared Kushner. Putting aside the national security turbulence in the administration right now, can it really be done? It’s a given that the odds are long against a comprehensive deal involving the Israelis and the Palestinians. But if everything went just right, and the Trump administration was prepared to make both sides offers they couldn’t refuse, it’s just barely possible that it could generate -- or really, impose -- a regional agreement that would be an improvement over the status quo and might last for some time. To do so, however, the Trump administration would have to offer inducements much greater than have been offered in the past and make credible threats that have been considered unthinkable by previous American leaders.
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Associated Press
Federal Judge Wins $5,000 Prize for Book ‘Waging War’
Federal judge David J. Barron also has a nice literary career. Barron is this year's winner of the William E. Colby Award, a $5,000 honor given for a fiction or nonfiction book about the military, intelligence operations or foreign policy. Barron, a judge for the First Circuit Court of Appeals, was cited for "Waging War: The Clash Between Presidents and Congress, 1776 to ISIS." The Colby prize is named for the late CIA director and is presented by Norwich University in Northfield, Vermont.
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BuzzFeed
A DREAMer Was Arrested During A Raid And Now Immigration Officials Have Been Ordered To Explain Why
A federal magistrate judge has ordered officials to defend the arrest of an undocumented immigrant who has protection from deportation during a raid last week, BuzzFeed News has learned. Daniel Ramirez was detained by US Immigration and Customs Enforcement (ICE) in Seattle, Washington, on Feb. 10 and threatened with deportation, despite being a recipient of the Deferred Action for Childhood Arrivals program, also known as DACA, a lawsuit filed on Monday alleges...“In granting Daniel DACA status, the federal government has twice determined — after intensive scrutiny — that he presents no threat to national security or public safety,” said another one of Ramirez’s attorneys, Theodore J. Boutrous, a partner at Gibson Dunn. He is joined in the lawsuit by Erwin Chemerinsky, Laurence Tribe, lawyers from Public Counsel, Barrera Legal Group, Hawkins Law Group, and Northwest Immigrants Rights Project.
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