7am – A INTERVIEW - JOE DIGENOVA - legal analyst and former U.S. Attorney to the District of Columbia – discussed the legal fight over the 2020 citizenship question on the census and Jeffrey Epstein’s legal woes.
2020 CENSUS CITIZENSHIP QUESTION:
DOJ announces legal team shift over citizenship question on 2020 census (Fox News) - The U.S. Justice Department said Sunday it is seeking a new legal team in its efforts to add a citizenship question on the 2020 census after the Supreme Court temporarily blocked its inclusion. James Burnham, the current deputy attorney general in the DOJ’s civil division and former White House lawyer, will no longer be heading the department’s efforts in the census case. A senior DOJ official told Fox News that Burnham had no objections to handling these cases going forward, but thought it made sense to have a new legal team at this stage of the litigation. The DOJ is expected to file court papers on Monday showing that a new team of lawyers will take over, said department spokeswoman Kerri Kupec. “As will be reflected in filings tomorrow in the census-related cases, the Department of Justice is shifting these matters to a new team of Civil Division lawyers going forward,” she said. The change comes days after the department vowed to continue finding a legal path forward to include a citizenship question on the 2020 census.
DOJ says it will continue to explore path for citizenship question as Trump considers executive order (Politico) -- The Trump administration confirmed Friday that it will press forward with efforts to add a citizenship question to next year's census, with President Donald Trump saying he’s exploring the possibility of reviving the question via executive order and government lawyers telling a federal judge that they've "been asked to reevaluate all available options." “We’re thinking about doing that. It's one of the ways,” Trump said of the prospective executive order as he prepared to depart the White House for his New Jersey golf club. “We have four or five ways we could do it. It’s one of the ways and we're thinking about doing it very seriously.”
Wall Street Journal OpEd: How to Put Citizenship Back in the Census. By David B. Rivkin Jr. and Gilson B. Gray / (WSJ) -- The Trump administration said Wednesday it will attempt to add a citizenship question on the 2020 census while complying with the Supreme Court’s ruling in Department of Commerce v. New York. Five justices held that the Census Act allows the question, but a separate five-justice majority found the rulemaking that added the question was procedurally deficient. There is a way forward. The Constitution itself requires the collection of citizenship information. Section 2 of the 14th Amendment provides that if a state denies the franchise to anyone eligible to vote, its allotment of House seats shall be “reduced in the proportion which the number of such . . . citizens shall bear to the whole number of . . . citizens . . . in such state.” This language is absolute and mandatory. Compliance is impossible without counting how many citizens live in each state. The 14th Amendment was adopted in 1868, and this provision meant to secure the voting rights of newly freed slaves. But it wasn’t limited to that purpose. An earlier version of Section 2, introduced in 1865, specifically referred to limits on suffrage based on “race or color,” but the Senate rejected that limitation. The amendment forbids state interference with the rights of all eligible voters (then limited to males over 21). Section 2 also applies to every state, a point Rep. John Bingham, the amendment’s principal drafter, emphasized during the floor debate: “The second section . . . simply provides for the equalization of representation among all the States in the Union, North, South, East, and West. It makes no discrimination.” Congress has dealt with suffrage-abridgement problems through other constitutional and statutory means, especially the Voting Rights Act. But that doesn’t change the constitutional obligation to obtain citizenship data. A future Congress could decide to rely on Section 2 to enforce voting rights, particularly as the VRA’s core provision, requiring Justice Department approval when certain states change voting procedures, becomes irrelevant because of changing attitudes and Supreme Court precedent. Significantly, the last time the Supreme Court addressed Section 2, it emphasized the need to give effect to both Section 1, which includes the Equal Protection Clause, and 2 of the 14th Amendment. That case, Richardson v. Ramirez (1974), involved an equal protection challenge to California’s policy of disfranchising felons. The president should issue an executive order stating that, to comply with the requirements of Section 2 of the 14th Amendment, the citizenship question will be added to the 2020 census. In addition, he can order the Commerce Department to undertake, on an emergency basis, a new Census Act rulemaking.
Jeffrey Epstein Is Accused of Luring Girls to His Manhattan Mansion and Abusing Them (New York Post) Federal prosecutors appear to have resurrected a federal sex crimes case against the billionaire financier Jeffrey Epstein by focusing on accusations that he sexually assaulted girls at his mansion in Manhattan — more than a decade after a widely criticized plea deal shielded him from similar charges in Florida. Federal prosecutors are expected to unseal the new charges on Monday accusing Mr. Epstein, 66, of running a sex-trafficking operation that lured dozens of underage girls, some as young as 14, to his Upper East Side home, according to three law enforcement officials. He was arrested on Saturday at Teterboro Airport in New Jersey, after arriving on a private flight from France, two law enforcement officials said. The sex trafficking charges carry a combined maximum sentence of up to 45 years in prison.
7am – B/C SEXIST AIR CONDITIONING DEBATE:
The Atlantic staff writer Taylor Lorenz (@TaylorLorenz) wrote on Twitter: Air-conditioning is unhealthy, bad, miserable, and sexist. I can’t explain how many times I’ve gotten sick over the summer b/c of overzealous AC in offices. #BanAC
NY TIMES: Do Americans Need Air-Conditioning? Summer’s great indoor-temperature debate rages on. (NYTimes/By Penelope Green) -- On an overheated planet, air-conditioning becomes more and more desirable, solving in the short term the problem it helped create. It is another paradox that even as architects and engineers are making ever more efficient buildings to meet energy standards set by cities like New York, where a new law says that buildings over 25,000 square feet must reduce their carbon emissions by 80 percent by 2050, we are still freezing in our offices and fighting with our partners over whether to turn on the Friedrich…There is an oft-cited study published in Nature.com that notes how building temperatures, once set to the comfort preferences of 1960s-era men in suits, disregard the “thermal comfort” of female staffers. Come summer, Twitter invariably lights up with charges that air-conditioning is sexist, an engine of the patriarchy, in threads that in turn fire up conservative commentators eager to prove the daftness of the opposition… Many offices, including those of The New York Times, set their thermostats to 74 to 76 degrees, which you would think would feel balmy (imagine a thermostat set to that temperature during winter). Yet the other day, my colleagues — probably about 20 percent of them — were shivering in sweatshirts and sweaters. (Patrick Whelan, facilities director at The Times, blamed those in the Page One meeting room, who wanted that space to be cooler.) The Times has a nearly-even gender split; 51 percent of its employees are female.
7am – D INTERVIEW - KEN CUCCINELLI - Acting United States Citizenship and Immigration Services Director
Director Cuccinelli just returned from El Paso having just conducted a trip to the border and shared his insights on what he saw there.
Ken Cuccinelli confident citizenship question will be on 2020 census. (Washington Examiner) -- President Trump's chief immigration and citizenship officer believes that the 2020 U.S. census will include a question on citizenship. Acting United States Citizenship and Immigration Services Director Ken Cuccinelli predicted that Trump would ultimately succeed in amending the 2020 census. Cuccinelli appeared on Fox News Sunday with guest host Dana Perino, according to a clip of the show released early on Twitter. "I do think [a citizenship question will be on the 2020 census]," Cuccinelli said. "I think the president has expressed determination. He's noted that the Supreme Court didn't say this can't be asked, they said they didn't appreciate the process by which it came forward the first time." "The president is determined to fix that and have it roll forward in the 2020 census," Cuccinelli said
Ken Cuccinelli says 1M illegal immigrants have court orders to leave the US. (Washington Examiner) -- Immigration officers have plans to begin deporting about 1 million illegal immigrants that have already received court orders to leave the country. Immigration and Customs Enforcement officers are hundreds of thousands of deportations behind schedule, Acting United States Citizenship and Immigration Services Director Ken Cuccinelli said on Sunday. ICE is expected to begin working on the backlog later this week. ICE is obligated "to go and find, detain, and then deport the approximately 1 million people who have final removal orders," Cuccinelli told CBS Face the Nation host Margaret Brennan.
Democratic congresswoman secretly sending staff into Mexico to coach asylum-seekers. (Washington Examiner) -- A Democratic congresswoman is sending staff to Mexico’s northern border town of Ciudad Juárez to find migrants returned from El Paso, Texas, under the “remain in Mexico” policy, then coaching them to pretend they cannot speak Spanish to exploit a loophole letting them to return to the U.S. The National Border Patrol Council’s El Paso chapter and several Customs and Border Protection personnel told the Washington Examiner aides to Rep. Veronica Escobar, who took over 2020 Democratic presidential candidate Beto O’Rourke’s district, and the local Catholic diocese have interviewed thousands of migrants in Juarez over the past few weeks to find cases where Department of Homeland Security officials may have wrongly returned people.
7am – E 2020 NEWS: POSSIBLE ANNOUNCEMENTS AND DROPOUTS:
ERIC SWALWELL Announces News Conference For 1 PM PT Monday From His California HQ. GRACE PANETTA: We might get our first major dropout of the 2020 Dem primary tomorrow. This comes after Swalwell cancelled a plan campaign swing through NH this past weekend
Biden beats Trump by double digits in 2020 poll. (Washington Examiner) -- Joe Biden beats President Trump by double digits in a new 2020 election, according to a newly released poll. Among all adults Biden tops Trump by 14 points, 55%-41%, and among all registered voters by 10 points, 53%-43%, the ABC News/Washington Post survey found. It is a strong showing for Biden, a former vice president and senator, who is the Democratic front-runner in primary polling and has pitched himself as a relatively moderate candidate. Also good news for Biden: A majority of independents disapprove of Trump's job performance. Overall, 34% approve of Trump's job performance while 54% disapprove. Trump fairs much better against the other top-tier candidates. The most competitive among them is California Sen. Kamala Harris, who has pulled into second place in primary polling after a strong first debate performance. Trump trails her by 8 points among all adults and only 2 points for registered voters. Sens. Elizabeth Warren and Bernie Sanders, as well as South Bend, Indiana, Mayor Pete Buttigieg, also beat Trump in a head-to-head contest by single digits among all adults. However, those margin diminish to a virtual or actual tie among registered voters.
New WaPo/ABC poll: President Trump's approval rating has risen to the highest point of his presidency: 47%
Justin Amash leaves door open to challenging Trump in 2020. (Washington Examiner) -- Rep. Justin Amash, who is now an independent, said that while he still plans on running for his Michigan seat, he is not ruling out a Libertarian or independent presidential run in 2020. Amash, 39, said he is confident that he can be reelected as an independent, to which CNN host Jake Tapper replied by probing about possible presidential aspirations. “I still wouldn’t rule anything like that out," answered Amash. "I believe that I have to use my skills, my public influence where it serves the country best and I believe I have to defend the Constitution in whichever way works best and if that means doing something else, then I do that. But I feel confident about running in my district, I feel a close tie to my community, I feel — I care a lot about my community and I want to represent them in Congress," he added. Regarding a timeline for such a decision, Amash said a presidential campaign was "not on my radar right now."
Tom Steyer may launch 2020 presidential campaign this week: reports. Steyer Is Telling Allies He’s Running for President: Last week in San Francisco, Steyer told staffers at two progressive organizations he funds, Need to Impeach and NextGen America, that he is launching a 2020 campaign, and that he plans to make the formal announcement this Tuesday.