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Document: Asylum Seekers With Credible Fear Ineligible for Release on Bond, Barr Rules

Attorney General Bill Barr ruled on April 17 that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are transferred from expedited removal proceedings to full deportation proceedings. The Department of Homeland Security may still choose to release asylum seekers, but cannot be compelled by immigration judges to do so.

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Document: D.C. Circuit Vacates Orders of Nashiri Judge

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday issued its opinion in In Re: Abd al-Rahim Muhammed al-Nashiri. The court held that Col. Vance Spath, the judge in the al-Nashiri case, should have been disqualified from his position while seeking a job as an immigration judge with the U.S. Department of Justice. The court vacated every order Spath has issued since Nov.

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Document: Affidavit in Support of Assange Arrest

The U.S. District Court for the Eastern District of Virginia unsealed the affidavit in support of the arrest of Julian Assange, founder of WikiLeaks. Assange was indicted on March 6 for for conspiring to commit computer intrusions by assisting Chelsea Manning with breaking a U.S. government password. He is charged for violations of  18 U.S.C. §§371, 1030(a)(1), 1030(a)(2) and 1030(c)(2)(B)(ii).

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Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says

On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.

Cross-Border Data

Document: Justice Department White Paper on the Cloud Act

On Wednesday, the Department of Justice released a white paper on the Clarifying Lawful Overseas Use of Data Act, or Cloud Act, which was enacted in March 2018. The white paper, entitled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act,” is available here and below.

 

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Document: Greg Craig Indicted on FARA Charges

On Thursday, April 11, the Department of Justice announced the indictment of former White House Counsel Greg Craig. Craig is charged with willfully falsifying and concealing material facts in violation of 18 USC § 1001(a) from the Foreign Agents Registration Act (FARA) Unit of the Justice Department's National Security Division and making false statements to the FARA unit in violation of 22 USC § 618(a)(2).

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