The Trump Watch 2017 Year-End Spectacular
From the travel ban to Robert Mueller's investigation, here are five ways President Donald Trump rattled legal institutions in 2017.
December 28, 2017 at 01:15 PM
6 minute read
Happy holidays Trump Watchers! I'm your host Cogan Schneier, Washington, D.C.-based litigation reporter at the National Law Journal.
I'm looking forward to all the crazy 2018 will bring us, but to be honest, I still can't get over 2017. So grab some champagne and take a walk with me down memory lane for this New Year's edition of Trump Watch. Tips, comments, concerns, New Year's resolutions? Email 'em to me here or tweet at me.
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The Trump Watch Year End Spectacular!
Man, what a year. Donald Trump became president Jan. 20 and lawyers promptly sued him over pretty much everything, including his business ties, his travel ban, his sanctuary cities policies, his environmental rollbacks, you name it.
He's made waves outside the courtroom too, tweeting straight-up disses about his own attorney general and the Justice Department and even using social media to criticize judges. Speaking of judges, Trump placed a Supreme Court justice on the bench, and has nominated dozens for the lower courts.
He's also welcomed fleets of lawyers into his administration, and even hired a few personal lawyers of his own.
All of this is to say that Trump, in his first year, has had quite the relationship with the legal world. So, let's relive it! Here are five ways Trump shook up legal institutions this year:
1. The #TravelBan Trilogy:
Trump issued three different travel ban executive orders this year, and all three ended up in court in one way or another. The third is still pending. But really, the first ban was the shocker. The decision to ban immigration from seven predominantly Muslim countries came just days after the inauguration and was immediately met with lawsuits. Lawyers showed up not only in the courtroom but also at the airport. When Washington state's lawsuit reached the Ninth Circuit, the livestream of oral arguments garnered more than 130,000 views. The travel ban litigation would reach the Supreme Court, and may do so again. It presents serious legal questions about separation of powers and the president's authority in the immigration sphere.
2. From Russia, With Mueller:
Robert Mueller, the special counsel investigating Russian interference in the 2016 elections, was a runner-up this year for Time Magazine's Person of the Year. But Mueller definitely won the Trump Watch Person of the Year. The special counsel investigation has dominated headlines, returning four indictments and two guilty pleas from former Trump campaign officials. From the Deputy AG's decision to appoint Mueller through to the guilty plea of Michael Flynn, following along with the investigation has been fascinating. The investigation has also repeatedly prompted the legal world to contemplate major legal questions, like whether Trump can fire Mueller, whether Trump can be indicted and if the president can pardon himself. These are questions that I'm sure will follow us into the brave new world of 2018.
3. All of Trump's Lawyers:
Trump faced an increasingly fearsome foe this year in Mueller. So, he did what any business mogul facing a government investigation would do and hired some New York lawyers, including Marc Kasowitz of Kasowitz Benson Torres.Kasowitz didn't last long—he sent some pretty profane emails to a reporter and his role on Trump's team was significantly curbed. Similar email snafus plagued other members of Trump's team, like former Akin Gump Strauss Hauer & Feld partner John Dowd, and Ty Cobb, the ex-Hogan Lovells partner with Washington's most recognizable mustache. Morgan, Lewis & Bockius also caught some heat for its work on the president's personal finances.
4. Gorsuch and Co:
The nomination and confirmation of Neil Gorsuch to the Supreme Court is still considered one of Trump's most important accomplishments in 2017, even with the last minute passage of major tax overhaul reform. Intense scrutiny from lawmakers brought the former 10th Circuit judge's past cases and work at the Justice Department into the spotlight. Indeed, ask any lawyer in Washington about the “Frozen Trucker” case and you're sure to get an earful. But after Gorsuch, there were dozens more young, conservative nominees for federal appellate and district courts. That includes a record-setting 12 confirmed appellate judges in Trump's first year. But it wasn't without fights. Showdowns between Senate Republicans and the ABA, Senate Democrats and Trump nominees, and even a Senate Republican and a Trump nominee, dominated the judicial nominations narrative.
5. Not Your Mom's DOJ:
With the new president came a new Department of Justice. From Attorney General Jeff Sessions to FBI Director Chris Wray to antitrust chief Makan Delrahim, a new crew is in charge over at the Robert F. Kennedy Department of Justice building. Under Sessions, DOJ has changed course on a number of key Obama-era policies and positions, including with respect to transgender bathrooms, class-action waivers and LGBT employment rights. Justice Department attorneys are also on the other side of all those Trump lawsuits, defending policies like the travel ban as well as the decision to rescind the Deferred Action for Childhood Arrivals program, the transgender military ban and Trump's sanctuary cities policies. Plus, we're still waiting for the confirmation of some top DOJ nominees, like Jody Hunt, a career DOJ lawyer, to lead the Civil Division and Brian Benczkowski, the Kirkland & Ellis partner picked to head up the Criminal Division. Next year, I'll be watching to see what these new officials prioritize and how DOJ changes under their leadership.
And with that, 2017 is a wrap. I'll see you all in 2018 for a whole new year of Trump!
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