National News Roundup: Year 2, Week 27 (July 22–28)


Okay, we’re now back down to only two forms of constitutional crisis, as Trump slowly walks back the Putin stuff — but two is more than enough, and it’s still the longest section in this roundup. We’re not out of the woods by any stretch, and as long as Trump stays in charge it’s important to keep on keepin’ on.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a 163-ft yacht — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

There was a lot of different forms of Casual Disregard of Governing Norms this week, and they cover a lot of different types of ground — but for the most part, they involve trampling the First Amendment in one way or another. Here’s what happened:

The Russia Investigation is still overclocked and going strong, too — no quieter than it was last week, which is really saying something:

Your “Normal” Weird:

The Bad:

The Good:

Last but not least, the Roundup itself has some news as well this week. Since both my researcher and myself are traveling over the next couple of weeks, I’ve decided to not to attempt to kludge news together on the road — which means I unfortunately need to go dark for a couple of weeks after this roundup. But fear not, intrepid reader, because I leave you in the very, very capable hands of (freely available) current events giants, on whom I regularly rely myself!

The Big Three to Check:

  • Matt Kiser’s WTFJHT (which summarizes domestic political news daily, including emailed subscription and web updates, and provides a one-sentence summary if you’re in a hurry);
  • Amy Siskind’s The Weekly List (which summarizes weekly, as the name suggests, with a focus on authoritarian creep); and
  • The Skimm’s Daily Skimm (which summarizes domestic and foreign affairs news daily, including emailed subscription and web updates, and I particularly recommend it for its coverage of foreign affairs).

Extra (Free) Sources if You’re Feeling Ambitious:

  • The Washington Post’s Daily 202 (separated by topic, and a free newsletter available to non-subscribers);
  • The Daily Kos (aggregate feed that updates more-than-daily — it’s something of a fire hose); and
  • Current Status (aggregate feed that updates more-than-daily from Matt Kiser, and also something of a fire hose)

I’m so sorry to leave you folks, but I promise I’ll be back real soon! And when I return, I’m setting up more features for the Roundup, including a Real Life Newsletter, an inbox for corrections and submissions, and hopefully a forum for folks to talk to me and each other. Until then, keep on keepin’ on, and if you miss me, there’s always The National News Roundup ask box!

National News Roundup: Year 2, Week 25 (July 8–14)


The name of the game this week is ‘toxic weirdness,’ because we’re looking at a week that is deeply wild even by our current low standards. A lot of the strange stuff is also very, very damaging, so it’s worth paying close attention and discussing how to respond. (Except for Paul Ryan’s car getting eaten by woodchucks, which is just hilarious.)

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a bitcoin — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

This week, all the Casual Disregard of Governing Norms was seriously on steroids — there’s a lot going on, and almost all of it is off-the-wall intense. Here are the main things to know:

The Russia Investigation was hyperactive, too — after a couple of relatively quiet weeks, it feels like a lot of things are happening at once.

Your “Normal” Weird:

The Bad:

The Good:

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is David Tennant with some muppets and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me your color commentary on what the heck!


National News Roundup: Year 2, Week 24 (July 1–7)


Much like a fever breaking, the news reverted back to its ordinary post-2016 form this week. Sadly, unlike when a fever breaks, I cannot tell you that you have dreamed the past four bizarre horrible weeks. But you still get a unicorn chaser at the end of the news, because I’ve decided I like unicorn chasers, so there’s that at least!

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a trade war — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

We had quite a week for Casual Disregard of Governing Norms, even by our modern low standards. Here are the main things to know:

There were a couple of developments on the Russia Investigation front too. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Good:

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is this Shiba Inu and human’s dance routine and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me nominations for unicorn chasers!

National News Roundup: Year 2, Week 23 (June 24–30)


Okay, folks, this was yet another week of poor policy and protest, with a lot of good news reflecting the will of the populace and a lot of bad news reflecting an incredibly corrupt government. I’m making my peace with the semi-permanence of the new Very Bad and What We Can Do sections, as well as the unicorn chaser offering at the end of the roundup. Just like last week, The Good at the top has many items, and several involve ordinary citizens saying “This is not okay.” Because it isn’t, and the louder and more often we say it, the more of an effect that will have.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a committee hearing! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

The Good:

Constitutional Crisis Corners:

All this week’s Casual Disregard of Governing Norms ended up under the “very bad” section. That said, there were still a few noteworthy developments on the Russia Investigation front. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Very Bad — Please Read It Anyway!:

What We Can Do:

This week’s list builds upon the previous weeks, because getting involved remains a great way to channel frustration and the fight is far from done. There’s less immediately obvious action that can be taken, but we can still call our reps and check for upcoming movement.

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is this guy rapping about his cat’s bathtime and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me nominations for unicorn chasers!

National News Roundup: Year 2, Week 22 (June 17–23)


This was a parabolic, weird, polarizing week, as the administration continues to be super horrible and people start raising their voices in protest more and more. In light of that, this roundup still has two extra sections: The Bad is broken up into The Bad (Original Flavor) and The Very Bad (Extra Crispy-Making), and I’m also including a What We Can Do section because I think we all need it. But this time, The Good at the top has many items, and several involve ordinary citizens saying “This is not okay.” Because it isn’t, and the louder and more often we say it, the more of an effect that will have.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a jacket! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

The Good:

Constitutional Crisis Corners:

Most of this week’s Casual Disregard of Governing Norms ended up under the “very bad” section, but a few of the less soul-searingly bad things still go here:

There were also a few noteworthy developments on the Russia Investigation front. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Very Bad — Please Read It Anyway!:

What We Can Do:

This week’s list has a lot in common with last weeks, because getting involved remains a great way to channel frustration and the fight is far from done. There are several new and updated articles and initiatives from the past week, which I’ve broken up by topic again this week:

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is this hamster birthday cake recipe and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me restaurants who won’t serve Trump staff!

Zero Tolerance and Maximum Trauma: An Early Analysis of “Affording Congress an Opportunity to…

(This is the zillionth installment of a series of articles unpacking the many horrifying immigration executive orders issued by the Trump administration. Though I am not an immigration specialist, I am a legal generalist working with indigent populations professionally full-time. This article is not intended to form an attorney-client relationship or constitute legal advice, though it is my hope that it will help people understand what is going on.)

So, Sessions announced a “zero tolerance” policy back in April, which he reiterated back in May, which has resulted in families being separated at the border en masse. The official estimate is that 1,995 kids have been separated from their parents since this policy was fully implemented in mid-May.

While this has been happening, Trump has, inexplicably, kept saying it was “the Democrats’ fault” and that we needed Congress to change the law if we didn’t like the policy.

This was very confusing until today, when Trump signed an Executive Order that clarifies his position. It’s still pretty confusing for the average person, particularly as everyone in the administration gives a slightly different story, so I’m writing this to help clear up what the heck is happening. The very short version is: yup, he’s right, he needs Congress or a federal court to act in order to get the policy in place he wants. And since it’s a thing he wants, your instinct that it’s probably awful is pretty spot-on.

A Bit of Background:

In order to fully understand what’s going on, it’s helpful to know what this executive order is referencing. So here’s a bit of backdrop:

  • Flores vs. Reno. This is a consent degree from 1997 that says that the federal government isn’t allowed to put kids in federal custody (read: jails) for more than 20 days total. It’s originally pertaining to unaccompanied minors, but as recently as last year it’s been applied to the practice of splitting up families, which was first held by the 9th Circuit in 2016. In short: The executive branch currently isn’t allowed to hold kids in detention long-term, because what is essentially a class action settlement agreement is standing in the way.
  • How Settlements Work. Settlements are basically contracts, which means they can be amended. (Perhaps some of you see where this is going.)
  • How Checks and Balances Work. As a general rule, Congress can respond to court decisions by passing legislation that clarifies existing laws, or resolves ambiguities interpreted by courts when there isn’t a law on the books. This is how criminal law statutes slowly replaced common law, and why things like mandatory minimums can exist — if there’s a law in place, the court doesn’t have blanket discretion. (Perhaps more of you see where this is going.)

Okay, have we got all of that? Cool, let’s get to today’s executive order.

…so what does this order do?

Here are the major highlights, and by ‘highlights’ I mean you will wish you were high while you read this:

  • Trump is trying to goad Congress into undoing the Flores settlement. The executive order literally says this in the name; and just in case you missed it, there’s this gem in the intro paragraph: “It is unfortunate that Congress’s failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.” (emphasis mine.) In other words, “I didn’t want to stab this puppy, but then you made me do it, on account of you didn’t stop my hand fast enough when I tried to stab this puppy.”
  • Trump is also forcing Sessions to bug the courts about undoing the Flores settlement. This one is also right there in black and white: “The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85–4544 (“Flores settlement”).”(sic)(emphasis mine) So, basically, they know they can’t currently hold kids in jail indefinitely. But as is suggested by the end of that sentence (“in a manner that would permit the Secretary . . . to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.”), they sure want to hold kids in jail indefinitely.
  • They aren’t going to wait for Flores to get ‘fixed’ before they enact this. And here we get to the real poisoned meat of this executive order, because once they’re done dissing Congress and explaining that why yes, they do mean to include asylum seekers (more on that below), the very next section is about how they’re gonna hold kids in prisons as long as they can. More specifically: “The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.” This is a bit euphemistic, so I want to clarify: ‘maintain custody’ means the same thing as euphemisms like ‘in custody’; they’re talking about people being held in detention facilities. Which means that they’ll hold kids as long as it’s legal to do that, and if Flores gets ‘fixed’ that will be indefinitely. If Flores doesn’t get ‘fixed,’ well… kids may just have twenty days in prison before they get separated from their families.
  • This definitely applies to people who have committed no crimes. A careful read of the definitions section makes it clear that they’re also talking about people who arrive at proper checkpoints to seek asylum, and therefore haven’t illegally entered the United States. The definition covers people who “have not been admitted into . . . the United States . . . who entered this country at . . . designated ports of entry and who was detained.” It’s clear this isn’t an accident, because of that phrase I quoted earlier about the purpose of asking a court to amend the Flores settlement: “…to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.” (emphasis mine) In asylum cases, there’s no illegal entry, which means no criminal proceedings. They’re contemplating cases where there are no criminal proceedings in the wording of this order, and that means they’re contemplating people who haven’t broken any laws.
  • This also definitely permits families to be held in literal federal prisons. This doesn’t become clear until you get to the seemingly innocuous sections about the Secretary of Defense and the ‘heads of executive departments and agencies,’ which both just say that they have to ‘provide to the Secretary [of Homeland Security], upon request, any existing facilities available for the housing and care of alien families.’ Except ‘facility’ in this instance means ‘place you maintain where we can warehouse people,’ which for the Secretary of Defense means military bases, and y’all, the Federal Bureau of Prisons is an executive agency. So, for those of you out there who were clinging to the vague hope we weren’t really talking about putting infants in prison… nope, I’m so sorry, we’re literally talking about putting infants in prison.

Ugh. Where does that leave us?

Some things we do know for certain now: Whatever else happens, there’s no plan in place for reuniting the 2,300 kids already separated with their parents, who in some instances have already been deported while their kids remain behind. And if Kirstjen Nielsen leaves the Mexican restaurant long enough to listen to the order about her (which seems a safe bet), we’re definitely going to see families detained together for at least some window of time.

But it’s not clear whether this administration will separate families at the twenty-day mark, leaving us with family separation and traumatized inmate children, or argue that a pending case means Sessions is allowed to ignore Flores and just keep them there indefinitely, or what. The uncomfortable and honest answer is that we’ll have to see what every actor in this terrible play does next — Sessions will probably file with a federal court; Congress will probably not pass a plan that allows kids to sit in prisons long-term; and Trump will probably continue to say everything is the fault of Democrats everywhere. And we’ll have to keep an eye on all of it so that we can be responding in real time. And engage in self-care and keep an eye on each other, too, because this stuff is grueling and we’re only gonna get through this if we do it together.

National News Roundup: Year 2, Week 21 (June 10–16)


It’s another godawful week, particularly on the immigration front, as we zoom further and further into fascism. As I’ve done once before, this roundup has two extra sections: The Bad is broken up into The Bad (Original Flavor) and The Very Bad (Extra Crispy-Making), and I’m also including a What We Can Do section because I think we all need it. Also just like before, I moved The Good to the top because life’s too short and we all deserve to have our news dessert first. The closing has a rubber chicken singing Havana, because we can all use a unicorn chaser, and that rubber chicken is pretty talented.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a summit! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

The Good:

Constitutional Crisis Corners:

This was yet another full week of Casual Disregard of Governing Norms, unfortunately. Here are the main things to know:

There were also a few noteworthy developments on the Russia Investigation front. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Very Bad — Please Read It Anyway!:

What We Can Do:

There are several initiatives being started to address the immigration issues listed above, and getting involved can be a great way to channel any rage and frustration you may be feeling from the news above. A good starting place is these suggestion lists, which have compiled resources and summarized courses of actions for you already, but I’ve also broken down their suggestions by category here:

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is this ridiculous video of a rubber chicken singing ‘Havana’ and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me the abolition of CBP!

National News Roundup: Year 2, Week 20 (June 3–9)


Y’all, I don’t even know what happened this week. To the extent that there was a coherent theme, that theme is “Everyone in Government Is Twelve Years Old and Everything is Terrible.” I got nothin’.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a G6! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

We had quite a week for Casual Disregard of Governing Norms, even by our modern low standards. Here are the main things to know:

There were a couple of developments on the Russia Investigation front too. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Good:

And that’s the news this week — less than last week, but it makes up for it by being terrible. I’ll catch you next week, hopefully with more good news. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me government officials who act their age!

National News Roundup — Year 2, Week 19 (May 27 — June 2)


This week wasn’t as catastrophic as last week. I mean, it wasn’t so good, either; in particular, there was a striking amount of Constitutional Crisis Corner, the news from Puerto Rico is dire, and our political norms are continuing to erode. It says something about how bad it was last week that I’m still feeling a small sense of relief about one section’s worth of Bad, and I won’t judge you if you do, too.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a summit! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

Constitutional Crisis Corners:

Now that things have quieted a bit, let’s catch up on Violations of the Emolument Clause regarding the Trump Organization and China. Here are the main things to know:

We had quite a week for Casual Disregard of Governing Norms, including an unpleasant resurgence of press harassment. Here are the main things to know:

There was also more aggression regarding Infringement of First Amendment Rights:

  • Actual Censorship Is Apparently a Thing Now. The day after Samantha Bee apologized for calling Ivanka Trump a vulgar epithet (thanks for the euphemism, New York Times!), Trump publicly demanded to know why she wasn’t fired for the thing she had just apologized about. (Trump also called the lack of firing a ‘double standard’ because Roseanne Barr got canceled for being terminally racist, but more on that below.) But even more concerning than Trump’s temper tantrum was Sarah Huckabee Sanders’s statement about it as official White House press secretary: “The collective silence by the left and its media allies is appalling. Her disgusting comments and show are not fit for broadcast, and executives at Time Warner and TBS must demonstrate that such explicit profanity about female members of this administration will not be condoned on its network.” (emphasis mine) In other words: The government is pressuring a private entity to fire its staff on account of she said bad things about said government, and that is literally what First Amendment freedom of speech is supposed to prevent.

There were a few developments on the Russia Investigation front too, including one major bombshell. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Good:

And that’s the news this week, which honestly is more than enough for one week, good grief. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me the a week with fewer last-minute news items!

National News Roundup — Year 2, Week 18 (May 20–26)


Realtalk and forewarning: This week may be the worst news week I’ve ever seen since I started doing roundups about seventy weeks ago. As a result, this roundup has two extra sections: The Bad is broken up into The Bad (Original Flavor) and The Very Bad (Extra Crispy-Making), and I’m also including a What We Can Do section because I think we all need it. Also, just for this week, I moved The Good to the top because life’s too short and we all deserve to have our news dessert first.

Standard standing reminders apply: I am no journalist, though I play one in your inbox or browser, so I’m only summarizing the news within my area of expertise. This week’s news contains some detailed analysis that’s outside my expertise — I’m a lawyer, not a sinkhole! — but all offroad adventures are marked with an asterisk. Okay, I think that’s about it for the disclaimers. Onward to the news!

The Good:

Constitutional Crisis Corners:

We had quite a week for Casual Disregard of Governing Norms, including an unpleasant resurgence of press harassment. Here are the main things to know:

There were a couple of developments on the Russia Investigation front too. Here’s a summary of the main things to know:

Your “Normal” Weird:

The Bad:

The Very Bad — Please Read It Anyway!:

What We Can Do:

And that’s the news this week, and good job and my condolences for making it through the whole thing; your reward is this ridiculous video and hopefully an eventual better government. I’ll be back next week, and I hope you will be too. In the meantime, feel free to ping the National News Roundup ask box. Send me questions! Send me feedback! Send me the abolition of ICE!