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News@Law, 09/19/2017

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

The New York Times
Why Foreign Propaganda Is More Dangerous Now
An op-ed by Samantha Power. When George Washington gave his Farewell Address in 1796, he urged the American people “to be constantly awake” to the risk of foreign influence. In the wake of Russia’s meddling in the 2016 United States election, the president’s warning has a fresh, chilling resonance. The debate in the United States about foreign interference concentrates on who did what to influence last year’s election and the need for democracies to strengthen their cybersecurity for emails, critical infrastructure and voting platforms. But we need to pay far more attention to another vulnerability: our adversaries’ attempts to subvert our democratic processes by aiming falsehoods at ripe subsets of our population — and not only during elections.
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The Washington Post
Trump’s pardon of Arpaio can — and should — be overturned
An op-ed by Laurence Tribe and Ron Fein. A federal judge in Arizona will soon consider whether to overturn President Trump’s pardon of former Arizona sheriff Joe Arpaio. The answer to this question has consequences not just for Arpaio and the people he hurt but also for the entire country. And although the conventional legal wisdom has been that a presidential decision to grant a pardon is unreviewable, that is wrong. In this circumstance, Trump’s decision to pardon Arpaio was unconstitutional and should be overturned.
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TPM
What The Facebook Search Warrant Means For Mueller’s Russia Probe
It’s not surprising that Special Counsel Robert Mueller is interested in the role Facebook played in Russia’s campaign to influence the 2016 election. Yet, the news that broke over the weekend that his team had obtained a search warrant to access information about Facebook’s recently disclosed Russia-linked ad spending is the clearest sign yet of the breadth of his probe, the pace at which its moving along and what kind of case he might be trying to build, regardless of whether he ultimately brings criminal charges...Getting a search warrant is a higher bar for Mueller to clear than a grand jury subpoena, another tool Mueller is using to obtain documents and testimony. “To get a search warrant like that, you have to show a judge that there is probable cause that evidence of a crime will be found at the location,” said Harvard Law professor and former federal prosecutor Alex Whiting.
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Harvard Gazette
On DACA, questions top answers
When the Trump administration announced on Sept. 5 that it intended to upend the Deferred Action on Childhood Arrivals program (DACA), which has banned deportation of many young immigrants, the move seemed to set a general course for what would come next...Opening the discussion on “DACA: What’s Next,” moderator Dan Balz, chief correspondent for the Washington Post and a fall resident fellow at the IOP, summarized recent developments, asking the panel members — Carlos Rojas, an immigrant rights advocate and special projects consultant for Youth on Board; Roberto G. Gonzalez, assistant professor of education, Harvard Graduate School of Education; and Jason Corral, staff attorney, Harvard Immigration and Refugee Clinical program — for their take on the social media back and forth...The DACA program itself was a compromise, said Corral, just as the BRIDGE Act, legislation now before Congress that would essentially legalize DACA, is a compromise. Calling the administration’s initial decision to suspend DACA “discriminatory, racist, nationalist,” Corral said, “It’s not the people that are broken, it’s the immigration law that is broken.”
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Just Security
Smoking Gun Videos Emerge: US Citizen, Libyan Warlord Haftar Ordering War Crimes
An op-ed by Ryan Goodman and Alex Whiting. The International Criminal Court very recently issued an arrest warrant for a militia leader in Libya which should catch the attention of U.S. policymakers, diplomats and prosecutors because of the possibility that his most senior commander—an American citizen by the name of Khalifa Haftar—ordered soldiers to commit war crimes. So has General Haftar been telling his subordinates to carry out the very acts that are part of the International Court’s arrest warrant, such as summary executions?
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The Harvard Crimson
Public Health School Student Sues Trump Over DACA
A School of Public Health student is among a half dozen undocumented young people suing President Donald Trump over his move to end the Deferred Action for Childhood Arrivals program. Filed in a San Francisco federal court Monday, the lawsuit charges that the Trump administration violated the due process rights of young people protected from deportation under DACA...The lawsuit’s other plaintiffs include two middle school teachers who work with at-risk youth, a formerly homeless attorney, a Ph.D. candidate in clinical psychology, and a law student. Harvard Law professor Laurence H. Tribe ’62 is on the legal team providing the Dreamers pro bono counsel.
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The Boston Globe
Sheriff Joe Arpaio tries to fight dirty
Joe Arpaio might have been able to stay out of prison after President Trump pardoned him last month, but that doesn’t mean the controversial former Arizona sheriff has free rein to harass his critics. Arpaio, who had been convicted of contempt for ignoring a federal judge’s order to stop targeting undocumented immigrants, is threatening action against a Harvard Law School professor in a clear effort to use legal threats to deter opponents. The professor, Andrew Manuel Crespo, wrote a column in this newspaper earlier this month calling for the appointment of a special prosecutor to challenge the pardon on constitutional grounds. In Crespo’s view, Trump’s pardon may have been unconstitutional because it interfered with the judiciary’s ability to protect constitutional rights.
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