Today's Headlines and Commentary

The Justice Department is pursuing a plea agreement with Paul Manafort’s former son-in-law, Jeffrey Yohai, in an investigation independent of Special Counsel Robert Mueller’s inquiry into possible coordination between members of President Donald Trump’s campaign and people associated with the Russian government, the Wall Street Journal reported Thursday. The FBI and the U.S. attorney’s office in Los Angeles are investigating Yohai for real-estate deals, some of which involve Manafort. Yohai has not been charged with any crime, nor is it clear what charges he could face.

John Kelly, the White House chief of staff, attempted to pressure Acting Secretary of Homeland Security Elaine Duke into expelling thousands of Hondurans as Duke prepared to extend their residency permits, according to the Washington Post. Duke has not acquiesced to Kelly’s request, though the Department of Homeland Security (DHS) has until the end of day Monday to announce its plans for the 57,000 Hondurans and 2,500 Nicaraguans living in the United States under the Temporary Protected Status program.

Kirstjen Nielsen, the nominee for DHS secretary, completed her Senate confirmation hearing Wednesday, the Post reported. Kelly personally picked Nielsen, who has previous experience working in the department, for the job. Responding to a question concerning Trump’s proposed wall, Nielsen notably remarked that “there is no need for a wall from sea to shining sea.” She also stated that deporting “dreamers” under the Deferred Action for Childhood Arrivals would not be a high priority for her department should Congress fail to act. Nielsen has considerable support former DHS officials and cyber experts, including Gen. Keith Alexander, the former director of the National Security Agency.

On Thursday, Trump completed his trip to China with a joint appearance with Chinese President Xi Jinping, the Journal reported. Trump favored a warmer tone with Xi, blaming previous U.S. administrations for the one-sided trade relationship that Trump has frequently castigated. Trump also thanked Xi for efforts to comply with sanctions against North Korea, though he urged the Chinese president to take more serious steps in deterring Pyongyang’s nuclear-weapons program. Xi mirrored Trump’s conciliatory rhetoric, acknowledging inevitable tension between China and the U.S. but calling for strengthened communication.

U.S. diplomacy has taken a major hit since Trump took office; the State Department has lost over half its career ambassadors, according to the Guardian. Barbara Stephenson, head of the American Foreign Service Association, released a letter Wednesday highlighting the “dizzying speed” at which top ranking U.S. diplomats are leaving and the “plummeting” entry-level interest in joining the foreign service. The Trump administration has yet to fill nearly half of the the department’s 152 politically appointed positions.

The Syrian army announced it has “fully liberated” the last Islamic State group urban stronghold, a town on the eastern border known as Albu Kamal, the BBC reported. The Islamic State group has reportedly retreated to another part of the Deir al-Zour province and and controls only a handful of villages and desert areas north of Albu Kamal.

ICYMI, Yesterday on Lawfare

Mieke Eoyang, Benjamin Freeman, and Benjamin Wittes analyzed public opinion data on confidence in the intelligence community and its authorities.

Matthew Kahn discussed the implications of the Manafort-Gates indictment for FARA enforcement.

David Glazier provides a legal history of contempt at military commissions.

Anthea Roberts explored China’s use of strategic funding for legal research.

Kahn highlighted our open intern-position for the spring.

Stewart Baker posted the Cyberlaw Podcast featuring an interview with Sen. Sheldon Whitehouse.

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