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News@Law, 04/23/2018

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

The Guardian
The ‘deep state’ is real. But are its leaks against Trump justified?
An op-ed by Jack Goldsmith. America doesn’t have coups or tanks in the street. But a deep state of sorts exists here and it includes national security bureaucrats who use secretly collected information to shape or curb the actions of elected officials. Some see these American bureaucrats as a vital check on the law-breaking or authoritarian or otherwise illegitimate tendencies of democratically elected officials. Others decry them as a self-serving authoritarian cabal that illegally and illegitimately undermines democratically elected officials and the policies they were elected to implement. The truth is that the deep state, which is a real phenomenon, has long been both a threat to democratic politics and a savior of it. The problem is that it is hard to maintain its savior role without also accepting its threatening role. The two go hand in hand, and are difficult to untangle.
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The Washington Post
Are Trump’s lawyers selling him a bill of goods, or is he not listening?
...Even the Democratic National Committee’s lawsuit against Russia’s intelligence outfit (GRU), WikiLeaks, Jared Kushner, Donald Trump Jr., Roger Stone, the Trump campaign and others for conspiracy can force Trump and members of his inner circle to turn over documents and sit for depositions where they will have to testify under oath. “This lawsuit is well-grounded jurisdictionally and legally, dodges the difficulties that might’ve been triggered by naming Trump personally, and puts a high-powered piece on the 4-dimensional chessboard that can cause Trump’s circle endless trouble (through discovery and otherwise) after criminal proceedings have been completed and regardless of what happens on the impeachment front,” says constitutional scholar and Supreme Court advocate Laurence H. Tribe (a real lawyer). It can also “provide a potent platform for educating the public about the ugly details of how this presidency arose from a swamp far dirtier than the one Trump promised to drain.”
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CNN
We’ve worked on stopping terrorism. Trump’s travel ban fuels it
An op-ed by James R. Clapper, Jr., Joshua A. Geltzer and Matthew G. Olsen. Speaking in Davos this January, President Donald Trump promised that, "when it comes to terrorism, we will do whatever is necessary to protect our nation." It's a commitment we share with the President. In fact, developing and implementing lawful and effective counterterrorism strategies and policies used to be our jobs in the intelligence community, at the White House and at the National Counterterrorism Center, respectively. That's precisely why we are opposed to Trump's travel ban, which heads to the Supreme Court this week for oral arguments. It's unnecessary, at odds with the Constitution, and ultimately counterproductive because it makes Americans less safe rather than more.
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The Hill
Supreme Court to consider Trump’s travel ban
The Supreme Court will close out arguments for the term on Wednesday by weighing the constitutionality of President Trump’s third attempt to block nationals from majority-Muslim countries from entering the United States...But Ian Samuel, a Climenko fellow and lecturer on law at Harvard Law School, isn’t convinced Kennedy is in the Trump camp on this one. “Nothing would be less extraordinary than Justice Kennedy changing his mind,” he said. Samuel argues Kennedy is likely to side with Hawaii’s argument that the travel ban is a clear case of unconstitutional religious discrimination. He also said it’s possible that argument could pull Chief Justice John Roberts into the majority for a 6-3 ruling in favor of the state.
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The Harvard Crimson
‘Treat Me, Don’t Beat Me’
More than 200 Harvard students and affiliates, many with red duct tape over their mouths, handed out flyers and encircled University Hall in protest Saturday to demand reforms to University processes they say led to the forcible arrest of a black College student April 13. The event was planned by Black Students Organizing for Change, a group formed by College students in the wake of the physical confrontation between a black student and the Cambridge Police Department last week...During the demonstration, Harvard Law student Akua F. Abu [`20] ’14 said in an interview she thinks it is important to showcase the mistakes and shortcomings of Harvard for prospective students. “The students who are coming to Harvard should really understand that Harvard can be a great and supportive place, but Harvard has made mistakes and Harvard needs to do better,” Abu said.
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