Matthew Kahn

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Matthew Kahn is an associate editor of Lawfare and a research analyst at the Brookings Institution.

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Federal Law Enforcement

Document: Justice Department Office of Legal Counsel Memo on Designating an Acting Attorney General

On Nov. 14, the Justice Department’s Office of Legal Counsel released a memo defending the legality of President Donald Trump’s Nov. 7 designation of Matthew Whitaker as acting attorney general. Read the document in full below.

Federal Law Enforcement

Document: State of Maryland Motions for Judge to Decide Whether Whitaker Is Acting Attorney General

On Tuesday, in litigation related to the Affordable Care Act in the U.S. District Court for the District of Maryland, the state of Maryland filed a motion to substitute the acting attorney general for former Attorney General Jeff Sessions as a defendant. In the motion, the state asks the judge for expedited consideration declaring Matthew Whitaker is not the lawful acting attorney general. The motion is below.

Homeland Security

Document: Immigration Advocates File Lawsuit Challenging Legality of Asylum Rule and Proclamation

Three immigrant advocacy organizations represented by the American Civil Liberties Union have filed a lawsuit in the Northern District of California against the president, the Justice Department, Homeland Security Department and other government agencies alleging that the Trump administration's proclamation and rule on asylum applications violates the Immigration and Nationality Act and the Administrative Procedures Act.

immigration

Document: Amended Rule and Presidential Proclamation on Asylum at the Southern Border

On Thursday, the Departments of Justice and Homeland Security announced an amendment to the rules governing asylum requests rendering ineligible for asylum those who attempt to enter the United States in violation of an order issued under Section 212(f) or 215(a)(1) of the Immigration and Nationality Act. Those statutes give the president certain authorities to restrict the entry of aliens to the United States.

Federal Law Enforcement

Jeff Sessions’s Firing, Matthew Whitaker’s Rise and the Attorney General’s Role In the Mueller Investigation

The acting attorney general’s past statements about the Russia probe raise genuine concerns about his service overseeing it.