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Tag Archive: Trump Administration’s Civil Service

Of Laws, Not Men


Those old enough to remember Watergate will recall that “we are a government of laws, not men” became a mantra. It was repeated so often as to risk banality.

But we are a nation of laws, unique in the world, held together not by ethnicity or religion but by an idea – that we are free men and women who govern ourselves and are treated equally under the law regardless of station in life.…   continue »

Ben Wittes and Quinta Jurecic on the “Oathless Presidency”—Questions raised by deep distrust in Trump

Just Security and the Center on Law and Security at NYU School of Law were delighted to host an event today for our friends from Lawfare, Ben Wittes and Quinta Jurecic, for a discussion of their essay, “What Happens When We Don’t Believe the President’s Oath?” I served as the discussant, and thought to write up some of the questions that I raised.…   continue »

Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administration?


Within a day of the Trump administration’s January 27 travel order, a U.S. district court ordered Customs and Border Protection (CBP) to permit lawyers access to certain detainees at Dulles Airport.  There have been allegations that CBP failed to comply with the order, prompting the Virginia attorney general to move that CBP show cause why it shouldn’t be held in contempt; the judge has denied that motion without prejudice. …   continue »

Trump and the Immigration Bureaucracy: Should We Expect Civil Servants to Dissent?

President Trump’s Executive Order (EO) barring entry from seven Muslim majority countries and suspending the refugee resettlement program has sparked public outcry, caused upheaval and suffering at the nation’s airports, and prompted fast-moving litigation. It also has shed stark light on some critical questions about the relationship between the President and the bureaucracy.…   continue »

Explainer on Officials in Contempt of Court Orders on #MuslimBan–Tracking All the Cases

In recent days, much of the focus has been on Washington State’s challenge to Trump’s Muslim Ban, which resulted in a nationwide stay upheld by the Ninth Circuit (see here for Marty Lederman’s analysis). DHS and the State Department have stated that they are complying with the judge’s order, even though there remains considerable confusion as to what it actually means for people whose visas were already revoked.  continue »