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2nd Federal Court Blocks Trump From Rescinding DACA

February 14, 2018 by  
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Protesters marched in Washington, D.C., in September in support of the Deferred Action for Childhood Arrivals program.

Matt York/AP


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Matt York/AP

Protesters marched in Washington, D.C., in September in support of the Deferred Action for Childhood Arrivals program.

Matt York/AP

A federal judge in New York has ruled that the Trump administration cannot end the Obama-era program designed to protect from deportation young immigrants brought to the United States illegally as children.

The ruling by U.S. District Judge Nicholas Garaufis in Brooklyn is the second court ruling blocking the administration’s September order rescinding the program known as Deferred Action for Childhood Arrivals. That program granted the right to work and stay in the U.S. without fear of deportation to about 700,000 young immigrants. The judge’s decision follows a similar ruling by a federal court in San Francisco last month.

As NPR’s Joel Rose reports, “Garaufis said the administration can rescind DACA. But the judge said the reasoning behind its decision was flawed. The Justice Department argues that DACA was an illegal overreach by the Obama White House, and was likely to be overturned in court.”

Garaufis, however, said the government was “erroneous” in its conclusion that DACA was unconstitutional and that it violated the Administrative Procedures and Immigration and Nationality acts. He said President Trump’s termination of DACA was “arbitrary and capricious.”

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Under the judge’s order, the government is required to continue processing DACA renewal requests for people who already are enrolled in the program and those whose enrollment lapsed before Sept. 5, 2017. The ruling has no impact on young immigrants who never enrolled in DACA or those who had been rejected.

“Today’s court ruling out of the district court in Brooklyn shows that courts from coast to coast have sent a single clear message to President Trump: The way that he terminated DACA was not just immoral, it was unlawful,” said Karen Tumlin, legal director at the National Immigration Law Center.

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A spokesman for the Justice Department, Devin O’Malley, said the administration will hold to its argument that DACA as implemented by the Obama administration was an “unlawful circumvention of Congress.” He said that the courts will vindicate the administration’s position that it acted properly in ending the program.

Tuesday’s ruling comes as the fate of the DACA recipients is being debated in the Senate. If Congress doesn’t come up with an agreement to preserve the program, the administration has said, it doesn’t expect to extend the March 5 deadline for DACA protections to expire.

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Trump’s Longtime Lawyer Says He Paid Stormy Daniels Out of His Own Pocket

February 14, 2018 by  
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Mr. Cohen’s statement about what he called “a private transaction” was the first time that he had acknowledged a role in the payment, which was first reported in January by The Wall Street Journal.

Mr. Cohen said that he had given a similar statement to the Federal Election Commission in response to a complaint filed by the government watchdog group Common Cause, which contended that the payment, made through a limited liability company that Mr. Cohen established, was an in-kind contribution to the Trump campaign.

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Stephanie Clifford, known as Stormy Daniels. She once claimed to have had an affair with Donald J. Trump.

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Officials with Common Cause also sought to determine whether the payment was made by the Trump Organization or another person.

“The complaint alleges that I somehow violated campaign finance laws by facilitating an excess, in-kind contribution,” Mr. Cohen said in his statement. “The allegations in the complaint are factually unsupported and without legal merit, and my counsel has submitted a response to the F.E.C.”

He said he would not make any additional comments about the commission complaint “or regarding Ms. Clifford.”

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Mr. Cohen was among Mr. Trump’s fiercest defenders during his time at the Trump Organization, often telling reporters during the 2016 presidential campaign that even false information about Mr. Trump could be damaging if printed. Ms. Clifford had told her story to the magazine In Touch in 2011, as well as the gossip website TheDirty.com. Both accounts were published last month after the report of the 2016 payment.

In fall 2016, Ms. Clifford was once again in discussions with news outlets, this time more mainstream. The payment from Mr. Cohen reportedly came a few weeks before Election Day — around the same time as the release of the “Access Hollywood” tape that showed Mr. Trump boasting about grabbing women’s genitals without their consent.

Ms. Clifford has not publicly denied an affair with Mr. Trump. A statement released by Mr. Cohen in her name in January denied an affair, but in interviews, she has refused to directly answer questions about it.

She is one of at least two women who claimed to have had affairs with Mr. Trump but who were kept silent through legal agreements. The other is Karen McDougal, a former Playboy model. Ms. McDougal sold her story to the company that owns The National Enquirer, but it was not printed, The Journal reported in 2016.

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Hope Hicks, now the White House communications director, said at the time that the report of an affair was “totally untrue” and that the Trump campaign had “no knowledge” of any payment to Ms. McDougal.


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