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Turns out, Trump didn’t give up on counting both legal and illegal US residents

Westlake Legal Group BarrandTrumpTwind715 Turns out, Trump didn’t give up on counting both legal and illegal US residents william barr us citizenship The Blog questionnaire donald trump democrats census

You’ve probably heard a lot overnight about President Trump backing down on trying to get a citizenship question on the census questionnaire next year.

Perhaps you too were surprised that this president who takes on even meaningless slights or disagreements on Twitter would give up so easily. He didn’t.

The rest of the day’s story is somewhat different: Trump says he’s devised another path to the same information, which isn’t certain to be tied up for months with obstructionist lawsuits. And Attorney General William Barr is vocally backing him up. Makes it less of a backdown in his eyes.

“Today,” Trump declared at a White House event with Barr, “I’m here to say we are not backing down on our effort to determine the citizenship status of the United States population.”

Trump and his Commerce Department have been in a long legal and political fight to put the citizenship question back on the Census questionnaire that was dropped after 2010. The census results are crucial to apportioning members in the House e very 10 years and billions of dollars in federal monies.

Democrats oppose the question in part because Trump wants  it but also they say it will discourage minority participation. Democrats wouldn’t mid beefed up census n umbers in urban areas.

Trump:

As shocking as it may be, far-left Democrats in our country are determined to conceal the number of illegal aliens in our midst.  They probably know the number is far greater, much higher than anyone would have believed before.

Trump noted the Supreme Court recently affirmed the administration’s right to ask the question, but sought further explanations, which would have ignited further lawsuits.

The president added:

Knowing this information is vital to formulating sound public policy, whether the issue is healthcare, education, civil rights, or immigration.  We must have a reliable count of how many citizens, non-citizens, and illegal aliens are in our country.

Recent polls indicate a substantial majority of Americans agree with Trump — 60 percent in a Hill-HarrisX survey said the Census Bureau should ask the citizenship question even if it results in fewer responses. Twenty-one percent said the question should not be included and 19 percent were unsure.

So, the president issued one of his favored Executive Orders to eliminate long-standing obstacles to federal agencies sharing data.

I’m hereby ordering every department and agency in the federal government to provide the Department of Commerce with all requested records regarding the number of citizens and non-citizens in our country.  They must furnish all legally accessible records in their possession immediately.

We will utilize these vast federal databases to gain a full, complete, and accurate count of the non-citizen population, including databases maintained by the Department of Homeland Security and the Social Security Administration.

Trump noted that Census had said given the vast amount of population data available it could accurately estimate the U.S. citizenship about 90 percent.

Barr concurred:

Today’s executive order…will ensure that we finally have an accurate understanding of how many citizens and non-citizens live in our country.

Put that in 280 characters and tweet it.

The post Turns out, Trump didn’t give up on counting both legal and illegal US residents appeared first on Hot Air.

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BREAKING: Trump Officially Gives Up On Census Battle

Westlake Legal Group ap-illegal-minors-at-border-620x358 BREAKING: Trump Officially Gives Up On Census Battle Trump Law Supreme Court Politics justice roberts Illegal Immigrants Front Page Stories Front Page Featured Story donald trump defeat Citizenship Question census Breaking News

A group of immigrants from Honduras and El Salvador who crossed the U.S.-Mexico border illegally are loaded on to a van, Wednesday, June 25, 2014, in Granjeno, Texas. At least six local, state and federal law enforcement agencies patrol the five mile zone which is illegal immigration’s busiest corridor. (AP Photo/Eric Gay)

I don’t have the video yet, but President Trump just spoke in the Rose Garden on his effort to count citizenship via the census.

While trying to dress it up otherwise, he officially gave up on trying to get the question onto the census. This is the culmination of a ridiculous legal battle that went all the way to the Supreme Court. For 175 years, the census included a question on citizenship but the rules are always different for Trump. The lower courts came up with tortured reasons why he couldn’t add the question back. That eventually led to Roberts once again joining with the liberals on the Supreme Court to affirm the right to add the question while twisting in the wind about motive to deny it in the end.

Trump would go on to say in his speech that they will get the citizenship numbers from elsewhere in places such as government databases. This was the thrust of the executive order that was announced during his remarks, which directed all agencies to use the information they have to compile the number of non-citizens in the country.

While that may be an acceptable alternative to some, it seems largely irrelevant to me. The entire point of this fight was to have citizenship and residency enumerated on the census. If it’s not on the census, it’s useless in terms of fighting fraudulent apportionment. The 14th amendment clearly intended for only those that are taxed (and their dependents) to be given representation.

Without that check in place, liberal states like California have every incentive to keep flaunting immigration laws and garnering more and more House seats based on increases in illegal alien populations. This was not the intention of those who ratified the 14th amendment in 1868. Going back even further, the idea that uncounted, foreign populations could simply cross into the United States and be counted toward government representation would have been taken as a ludicrous idea by the Founders.

This was a fight worth having, even if it meant delaying the census. Now, the issue is all but moot. Even if Trump somehow gets the citizenship numbers, they will not be in a legally actionable form to deal with the apportionment issues. The data will be completely useless outside of general studies and the like. You also can’t just pick this baton up a year from now. The next census will be in 2030.

Whether he wants to admit it or not, the President has lost this war.

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The post BREAKING: Trump Officially Gives Up On Census Battle appeared first on RedState.

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Breaking: Trump to give up on including citizenship question in census?

Westlake Legal Group t-2 Breaking: Trump to give up on including citizenship question in census? Trump The Blog survey Supreme Court redistricting question immigration illegal Citizenship census

Man, this is unexpected. As of a few hours ago, it looked like he was about to pull the trigger on executive action that would force the question onto the census whether the Supreme Court liked it or not. Then it would have been up to SCOTUS to either give in or try to stop him. If it gave in, it would be a huge blow to the Court’s prestige, an unhappy outcome for John Roberts.

But if it tried to stop him, we’d be facing a constitutional crisis.

The stars seemed to have aligned, then. Trump was set to show his fans that he fights! by issuing the order, on a day when he has hardcore Trumpers surrounding him for the White House’s social media summit. Now here comes ABC to say that the plan’s been scrapped. Trump’s going to let the census go out without the citizenship question and have the feds figure out another way to survey the public about citizenship.

President Donald Trump is expected to announce later Thursday he is backing down from his effort to include a citizenship question on the 2020 census, and will instead take executive action that instructs the Commerce Department to survey the American public on the question through other means, according to multiple sources familiar with the matter.

The expected announcement will bring to a close weeks of escalating confusion within the government over his demands that the controversial question be included despite a Supreme Court order that had blocked the move. The White House declined to comment about what exactly the president plans to announce.

As recently as Thursday morning, administration officials had been repeatedly suggested the president would take executive action calling for the question be added to the census. It was not immediately clear when and why the final decision was made not to move forward with that plan.

When they say that Commerce will “survey the American public on the [citizenship] question through other means,” do they mean through an entirely separate survey? Or do they mean that Commerce will go ahead and print the census without the citizenship question but also print a supplemental page on citizenship to be included in the census if the court battle goes forward and Trump wins? That’s what Trump himself had suggested might happen, per Ed’s post this afternoon. A lot depends on the answer. It’s the census itself that matters for districting purposes; if the plan here is to exclude illegals from the count in order to shift legislative power away from immigrant-heavy blue districts then the citizenship question has to be in the census, not in a separate survey. I’m not sure what purpose the separate survey would serve except as an academic look into the size of the total illegal population.

Maybe the “separate survey” isn’t separate after all but just a supplement to the census itself. Or maybe Trump thinks the separate survey could be tacked onto the census retroactively with court approval. He’s going to speak at 3:45 ET and clear this up.

Assuming he really is planning to throw in the towel on adding citizenship to the census, why the sudden cave? I’ll give you three theories.

1. It’s just too late. The deadline for settling the citizenship issue and getting the census to the printers was supposedly June 30. Supposedly printing has already begun on a version without the citizenship question. Maybe Wilbur Ross huddled with his deputies and let Trump know that it’s not logistically feasible to change course at this point, especially with more litigation ahead.

2. The DOJ was set to revolt. POTUS’s lawyers at the Justice Department have made a giant mess of this matter because the administration can’t get its story straight about why they want the citizenship question included. Is it to enforce the Voting Rights Act? To locate illegals for deportation? To redistrict the House to exclude illegals from the count? It was such a hash that maybe the White House concluded the legal case was unwinnable at this point and that if Trump tried to include the question anyway the Supreme Court would shut him down and humiliate him.

3. Trump already won, sort of. If the idea is to exclude illegal immigrants from the count, it’s a cinch that some immigrants will be so nervous about answering the census after all the media attention to this matter that they’ll end up throwing it in the trash when they get it. That is, blue districts are destined to underreport precisely because the legal battle here will have convinced some not to take a risk by sending their census questionnaire in. Maybe Trump considered that enough of a victory that he could afford to let the dispute quietly drop.

He’s speaking in exactly one hour. Stay tuned.

The post Breaking: Trump to give up on including citizenship question in census? appeared first on Hot Air.

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Trump: Feel the power of my (nearly) fully operational EO on census citizenship question

Westlake Legal Group trump-barrier Trump: Feel the power of my (nearly) fully operational EO on census citizenship question The Blog Social Media donald trump Citizenship census

Can Donald Trump hack through the Gordian knot of two lawsuits over his attempts to add a citizenship question to the 2020 census? It sure looks like Trump will give it a try. Earlier this morning, Trump announced a press conference on the subject as multiple news outlets reported that an executive order would be its centerpiece:

CNN’s White House sources say the EO will drop at the same time, but they’re being coy as to its contents so far:

President Donald Trump is expected to announce an executive action on the census Thursday, multiple White House officials said. …

Some type of direct action by Trump has been one of several avenues explored by the administration to place the question on the decennial population survey following the late June Supreme Court ruling. But any action by the President is likely to be challenged in court.

The Washington Post got an even more ambiguous read from its own administration sources:

White House officials did not immediately confirm Thursday morning that Trump would announce an executive order at the Rose Garden event — a move he has telegraphed for days.

The Supreme Court has called the administration’s rationale for the question “contrived” and said the government could not go forward without a solid justification.

Speaking to reporters at the White House last week, Trump said the question was needed “for many reasons.”

He raised the possibility that some kind of addendum could be printed separately after further litigation of the issue.

“We’ll see what happens,” Trump said. “We could start the printing now and maybe do an addendum after we get a positive decision. So we’re working on a lot of things, including an executive order.”

That prompts an obvious question: an EO to do what, exactly? It can’t be to order the inclusion of the question, because that’s the point being reviewed by the courts. The Supreme Court left Trump hanging by demanding a better justification for adding the question back into the census, but time had arguably run out for any changes before the printing needs to start. (Trump’s legal team had argued that July 1 was the drop-dead date for adding the question.)

The Post’s suggestion of printing a supplement might make some sense as an EO. The idea would be to get the regular printing done in a timely manner and have the supplemental form on hand if the courts give him a go-ahead. Would that require a formal EO, however? Probably not, but the formal EO would give Trump an opportunity to showcase his efforts and to rally public sentiment. The public is already behind Trump on the issue of identifying US citizens in the census, although one would hardly know it from the handwringing in the media over a question that once was rather routine in previous censuses.

It’s a smart move to hold a presser on this subject while the public remains on Trump’s side, especially after the setbacks in court this week. Trump will want to make sure everyone knows that he’s still fighting to get the question added, or more basically that he’s still fighting period. The EO itself is secondary, and it’s not likely to make a dramatic change to the course of the issue.

By the time of the 3:45 ET speech and presser, we will know more, of course. We’ll also get a sense of the outcome of the social-media summit and whether the White House will get embarrassed any further after yesterday’s pas de d’oh! with Ben Garrison. Set your Twitter follows and Facebook friending accordingly. In the meantime, be sure to read HA alum Bryan Preston’s argument as to why the question should be included in the census — and indeed was included every time until 2010. Here’s a brief excerpt:

The census is at the heart of representation in our republic. The Constitution explicitly connects the census to representation of citizens. Citizenship has been a routine part of the census for most of our national existence, and resuming capturing this data ought not be controversial. Objections to the citizenship question are speculative at best, disingenuous at worst. The citizenship question is only controversial because like nearly everything else in American life, some want to use the census to serve their own political power plays.

The post Trump: Feel the power of my (nearly) fully operational EO on census citizenship question appeared first on Hot Air.

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BREAKING: Trump To Order Citizenship Question On Census Be Added By Executive Order

Westlake Legal Group media.townhall-2-2-300x153 BREAKING: Trump To Order Citizenship Question On Census Be Added By Executive Order white house washington D.C. Supreme Court republicans President Trump Morning Briefing Liberal Elitism immigration Front Page Stories Featured Story Dreamers donald trump Cybersecurity Conservatives Congress census Censorship Campaigns California Allow Media Exception 2020 Census 2019

Here we go for another round of court battles to the Supreme Court.

In what has been one of the options President Trump has been thinking about using to add the ” ARE YOU A CITIZEN OF THE UNITED STATES” question to the census will become reality by Executive Order later today.

According to NBC News

President Donald Trump is expected to announce an executive action on getting the citizenship question added to the census, according to an administration official.

Trump announced on Twitter Thursday morning that he will hold a press conference in the afternoon to discuss his latest efforts at including the citizenship question as part of the census.

Here is the tweet from the President that the NBC story above refers to.

This action, of course, will need to be raced back to the Supreme Court Of The United States to see how Chief Justice John Roberts can twist common sense once again to screw something up.

While I’m not a fan of ANY President using the Executive order willy nilly this case seems pretty simple to me. The Executive Branch has to make sure that a census goes out every TEN years. That a question on there asking simply if you are of a citizen of this country is causing people like Nancy Pelosi to lose what little is left of her mind is odd. Put the question on the damn thing.

More will be coming from this today in regards to how Trump plans to rattle Zuck and Jacks chains I’m sure so get ready to rumble America. This summer is just heating up.

Check out my other posts here on Red State and my podcast Bourbon On The Rocks plus like Bourbon On The Rocks on Facebook and follow me on the twitters at IRISHDUKE2 

The post BREAKING: Trump To Order Citizenship Question On Census Be Added By Executive Order appeared first on RedState.

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“Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question

Westlake Legal Group dt-1 “Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question withdraw Trump The Blog question Justice furman doj department counsel Citizenship census

How much of a mess has the White House made of this census dispute? So much that the Justice Department lawyers who’ve been handling the case for months are now trying to walk away from it en masse…

…and the courts won’t let them. It’s a federal judge who’s insisting for the moment that Trump’s A-team at the DOJ remain on the job, arguing his side.

At least until they give him a good reason why they shouldn’t. Can they? From today’s order denying the lawyers’ motion to withdraw:

Westlake Legal Group c-1 “Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question withdraw Trump The Blog question Justice furman doj department counsel Citizenship census

Let’s back up. The DOJ initially convinced SCOTUS to take up the question of whether a citizenship question could be placed on the census in part by noting that time was of the essence. The census, supposedly, had to be at the printers by June 30. The Supreme Court agreed to hear the case and issued its verdict two weeks ago: Although the executive has power to add questions to the census, wrote John Roberts, it’s … pretty obvious that they’ve been lying about why they want the citizenship question added to it. The public needs clarity on that and the administration’s stated reasoning, that they need citizenship info to enforce the Voting Rights Act, simply isn’t supported by the evidence.

So the White House was thwarted unless and until it could provide a more credible explanation for wanting the citizenship question included — but since the deadline for printing the census was almost here, it seemed like there’d be no time to reconsider the matter. And so, inevitably, the DOJ announced on July 2 that the citizenship question would be dropped. Then Trump got to talking to his friends, who urged him to fight on, and he declared the next day — in a tweet — that the question wouldn’t be dropped after all, that the DOJ would fight on. And what about the June 30 deadline? Well, maybe the deadline wasn’t such a hard and fast deadline after all. Even though believing that it was helped convince SCOTUS to hear this appeal.

A federal judge in Maryland held a phone conference with the DOJ’s lawyers on July 3, after Trump’s tweet, to try to get a straight answer as to whether they were dropping the case or fighting on. The lawyers seemed as confused as the judge by the state of play:

Westlake Legal Group 1-1 “Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question withdraw Trump The Blog question Justice furman doj department counsel Citizenship census   Westlake Legal Group 2-1 “Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question withdraw Trump The Blog question Justice furman doj department counsel Citizenship census

All they had was a tweet. “This is a very fluid situation,” said Gardner later in the call, with no small amount of understatement. A source told the WSJ that “Nobody has any f***ing idea” what Trump wanted them to do.

Then came the next newsflash this past Sunday: The entire team of DOJ lawyers working on this case was planning to withdraw from it, a move which the NYT described as “all but unprecedented in legal battles.” Even stranger, the DOJ offered no explanation for the change. They didn’t offer one to the court either, per today’s order. You can’t just walk away without a good reason, said the judge, especially when you’ve spent months insisting that there’s a deadline here and time is of the essence in resolving the matter.

Why would the entire “federal programs” seek to drop the case like a hot potato? Maybe, said the Times, it’s because they feel the administration’s told so many lies — about its reasoning for wanting the question on the census, about the supposedly hard-and-fast deadline for the census, etc — that it’d be unethical for them to continue. That is, maybe they believe there’s no way to go forward here without either lying to the court or admitting that previous representations to the court were lies.

[The motion to withdraw] strongly suggested that the department’s career lawyers had decided to quit a case that at the least seemed to lack a legal basis, and at most left them defending statements that could well turn out to be untrue.

“There is no reason they would be taken off that case unless they saw what was coming down the road and said, ‘I won’t sign my name to that,’” Justin Levitt, a former senior official in the Justice Department under President Barack Obama, said on Sunday…

Lawyers who had been working on the case apparently concluded that they faced three problems. They had told the Supreme Court that they were up against a strict deadline of June 30 for printing the census forms, and there were difficulties in finding a new justification for the question that would not seem invented out of whole cloth. They may have also concluded that there was no way to move speedily enough to restore the question in any event, given that constitutional and statutory frameworks seem to require a lengthy administrative process before new questions may be added to the census.

If they objected to continuing on with the case due to ethical reasons, it makes sense that they wouldn’t want to state that in their motion to withdraw and risk embarrassing Trump and the department. But the federal judge who issued today’s order has called their bluff. Either they have to get back to work or they have to openly admit their ethical misgivings about what they’re being asked to do, which will be an unholy PR clusterfark for the White House and the DOJ. What are they going to do?

To give you a sense of just how messy this has gotten, read this story about the many times federal officials have contradicted their own stated reasoning for wanting to add the citizenship question to the census. Remember, it’s supposed to be about the Voting Rights Act, but figures like Ken Cuccinelli have admitted at times that the information might be used in immigration enforcement. And Trump himself admitted just a few days ago that it might be used for redistricting, perhaps to try to exclude illegals from the count in apportioning House districts. My takeaway from John Roberts’s opinion in the SCOTUS ruling was that he was straining for ways to give Trump the green light to do this but, as a matter of basic judicial integrity, couldn’t allow the administration to lie baldfaced to the Court about what its motives were. Now you have the president all but confessing that the Voting Rights Act rationale wasn’t the real reason for asking about citizenship on the census. If this case comes back to SCOTUS, Roberts may feel obliged to rule against Trump purely because it would embarrass the Court at this point to reward the administration with a win after lying so brazenly.

Trump may “win” anyway, though, if not in court than by making enough of a fuss about this that some illegals will refuse to answer the census questionnaire, leading to an undercount of the population in blue districts with large illegal populations. He might still win in court too, with POTUS reportedly considering an executive order to include the question on the census and begin printing. Again, though, that would operate as a sort of middle finger to SCOTUS, ignoring Roberts’s demand for a clearer rationale for including the question and ordering the government to proceed with it anyway on Trump’s say-so. If SCOTUS tries to stop him, then we’re in constitutional crisis territory. But first, we wait to see what the DOJ will do about today’s “get back to work” order.

The post “Patently deficient”: Federal judge blocks DOJ lawyers from withdrawing from case involving census citizenship question appeared first on Hot Air.

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Citizenship question more popular than the media would lead you to believe

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Putting the citizenship question on the census is a Republican plot to steal the next election. It’s designed to suppress funding for low-income communities. It’s just racist. Take your pick of which of these typical headlines you like. To read most of the coverage in major newspapers or on the usual cable news shows, adding the citizenship question is an evil concept that all morally upright citizens should reject. But if that’s the case, why are so many people in favor of it? As it turns out, a majority of voters favor it and not even a third oppose it. (Washington Examiner)

Americans by a wide margin agree with President Trump that the upcoming 2020 census should ask a citizenship question.

The latest Economist/YouGov poll found that 53% feel it should ask the question versus 32% who don’t.

The survey asked: “Do you think the federal government should or should not ask people whether they are American citizens as part of the 2020 census?”

The Supreme Court has rejected including the question in a form the administration proposed but left the door open to another version. And Trump is considering changing the version.

The Yes/No/Not Sure count breaks down at 53/32/14. That’s really not even close, and even if all of the “unsure” voters swung to a negative answer they’d still be in the minority.

The Supreme Court rejected the question in its current form and also didn’t care for the reason it was being asked, but they did leave open the possibility of accepting it if it was restructured a bit and different reasoning was provided. As I noted previously, it seems a bit late for that now unless we really want to drive up the cost of printing and distributing the census forms, but the President may still take another run at it.

But that’s not the big issue here, at least as I’m reading the situation. Democrats are almost universal in very publicly opposing the addition of the citizenship question to the census and slamming the President and anyone who agrees with him over it. And yet again, they’re coming up on the wrong side of the issue when it comes to the feelings of the public. Every one of them who goes on record in this fashion is basically just feeding ammunition to the GOP for next year’s elections.

How many of these issues do they need to hang around their own necks before they go underwater? The public is solidly opposed to infanticide and late-term abortion. A clear majority are still opposed to gun bans. While voters do show significant support for some tenuous form of public health plans, they broadly oppose getting rid of private health insurance. Free health care for illegal immigrants is not at all popular.

The Democrats are building their 2020 platform out of a collection of planks that the public is rejecting. Pretty much the only thing they can agree on among themselves is that the Orange Man is Bad and needs to be removed. But in terms of policies, they appear to be driving themselves into a ditch. I find it remarkable that they’re doing as well as they are in recent polling because they’re pushing a lot of ideas that voters simply do not support.

The post Citizenship question more popular than the media would lead you to believe appeared first on Hot Air.

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Barr Says Legal Path to Census Citizenship Question Exists, but He Gives No Details

Westlake Legal Group 08dc-barr-facebookJumbo Barr Says Legal Path to Census Citizenship Question Exists, but He Gives No Details United States Politics and Government Trump, Donald J Republican Party Justice Department Citizenship and Naturalization census bureau census Barr, William P

EDGEFIELD, S.C. — President Trump and Attorney General William P. Barr began working to find a way to place a citizenship question on the 2020 census just after the Supreme Court blocked its inclusion last month, Mr. Barr said on Monday, adding that he believes that the administration can find a legal path to incorporating the question.

“The president is right on the legal grounds. I felt the Supreme Court decision was wrong, but it also made clear that the question was a perfectly legal question to ask, but the record had to be clarified,” Mr. Barr said in an interview. He was referring to the ruling that left open the possibility that the citizenship question could be added to the census if the administration came up with a better rationale for it.

“It makes a lot of sense for the president to see if it’s possible that we could clarify the record in time to add the question,” Mr. Barr added.

But he also acknowledged that the career Justice Department lawyers who had worked on the census question had little appetite to continue on the case after Mr. Trump inserted himself into the process. “We’re going to reach a new decision, and I can understand if they’re interested in not participating in this phase,” Mr. Barr said. The Justice Department announced a day earlier that it was replacing them, a nearly unheard-of move.

In a court filing on Monday in New York, though, plaintiffs in the case asked a judge to block the lawyers’ withdrawal because they did not demonstrate “satisfactory reasons” for the change.

The talks between Mr. Barr and Mr. Trump and the decision to replace the legal team underscore administration officials’ difficulty in adding a citizenship question to the census. Democrats have criticized the pursuit as an effort to reshape the results of the census — which affects the allocation of hundreds of billions of federal dollars each year — to benefit Republicans.

Mr. Barr said that the Trump administration would soon reveal how it plans to add the question, but he would not detail potential legal pathways. The main challenge, he said, would be adding the question without disrupting the census.

At a news conference later on Monday after touring a federal prison in Edgefield, S.C., with Senators Lindsey Graham and Tim Scott, the Republicans who represent the state, Mr. Barr declined to say whether the president would issue an executive order to add the question. It was not clear what such an order would accomplish; the Constitution makes Congress responsible for overseeing the census, not the president, though the administration carries it out.

The Trump administration’s handling of the census has already put Mr. Barr in the cross hairs of House Democrats, who strongly oppose the addition of a citizenship question. And the hostilities may soon spike.

In a warning shot on Monday, Speaker Nancy Pelosi informed colleagues that she intended to schedule a full House vote “soon” to hold Mr. Barr and Commerce Secretary Wilbur Ross in contempt of Congress for defying subpoenas for documents related to the census question. Ms. Pelosi called the census dispute “essential to who we are as a nation” and asserted that the materials in question would “shed light on the real reason the administration added a citizenship question.”

The House Oversight and Reform Committee, which is investigating the Trump administration’s decision to add the question, voted last month to recommend that the two cabinet officials be held in contempt, mostly along party lines, despite protests from the administration that it was working in good faith to meet the requests.

If the House follows through with a contempt vote on the floor — and no date for a vote has yet been set — it would be empowering the Oversight Committee to take Mr. Barr and Mr. Ross to court to ask a judge to enforce their subpoenas. Doing so is an exceedingly rare step and puts a black mark on both officials’ public records.

The House has already threatened to hold Mr. Barr in contempt once over a separate case related to a subpoena for material connected to Robert S. Mueller III’s investigation as special counsel. But in the end, lawmakers struck a deal with the attorney general and voted on a resolution that merely authorized them to go to court to enforce the subpoena rather than formally accusing Mr. Barr of being in criminal contempt.

House Democrats intend to go further this time, formally accusing both officials of criminal defiance of their summons if the administration does not relent beforehand, according to a senior Democratic aide familiar with the plans. Still, the practical outcome could be the same since the Justice Department would almost certainly refuse to bring a criminal case against the men.

Kerri Kupec, a Justice Department spokeswoman, declined to comment on the contempt issue.

The conversations between Mr. Barr and Mr. Trump came amid a series of abrupt reversals on the issue. After the Supreme Court delayed the administration’s effort to add the citizenship question, ruling that its rationale was “contrived,” Mr. Ross and Justice Department lawyers declared the issue all but dead last week in the near term.

Mr. Ross said that the Census Bureau, which the Commerce Department oversees, would focus on conducting “a complete and accurate census” and had begun to print forms that did not include the citizenship question. Justice Department lawyers, who had argued that they faced a strict June 30 cutoff for printing the census forms, also concluded as that deadline passed that the question would have to wait for the next census in another decade.

But Mr. Trump, who had been strategizing with Mr. Barr to come up with a way to add the question, overruled Mr. Ross and the lawyers a day later, denouncing their statements as “fake news.”

“We are absolutely moving forward, as we must, because of the importance of the answer to this question,” Mr. Trump said on Twitter.

His discussions with Mr. Barr did not appear to make their way to the Commerce Department officials or the Justice Department lawyers working on the case. Mr. Barr did not say why, and a Justice Department spokeswoman would not say whether he had told aides about the discussions or instructed the lawyers on the case to keep pursuing the issue.

A Justice Department official said that even though Mr. Trump told Mr. Barr immediately after the ruling that he still wanted the question added, Mr. Barr, and subsequently the department, thought the issue was settled for the time being, in part because the census forms were already being printed.

Because of their conversations, however, Mr. Barr was not surprised by the message on Twitter and he knew he had to get the department to switch gears.

But the lawyers expressed surprise last week at the president’s assertion, telling a federal judge who had summoned them to a conference call that they would most likely recant their earlier admission of defeat.

“The tweet this morning was the first I had heard of the president’s position on this issue, just like the plaintiffs and your honor,” Joshua Gardner, a lawyer working on the census issue, told Judge George J. Hazel of the United States District Court in Maryland.

But Mr. Barr said on Monday that the president’s statement did not surprise him because “he and I had talked” about the census issue “several times” after the Supreme Court tossed out the citizenship question.

Mr. Barr confirmed that lawyers in the Justice Department’s federal programs branch, who typically defend the administration’s positions in court, would no longer work on the census question. He said that James Burnham, the No. 2 official in the department’s civil division who had led the census team, recommended that lawyers in its consumer protection branch work on the question instead.

The Justice Department was still seeking lawyers to work on the census case on Monday, reaching out to lawyers in the office of immigration litigation to work on the matter, according to an email reviewed by The New York Times.

“They did a super job,” Mr. Barr said of the departing team. “They were very professional.”

Mr. Barr said that he did not know whether any of the original team members wanted to stay on. “I didn’t really get into the details,” he said.

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AG Bill Barr Says He’s Found a Way to Get the Citizenship Question on the Census

Westlake Legal Group census-questionnaire-620x317 AG Bill Barr Says He’s Found a Way to Get the Citizenship Question on the Census Supreme Court Politics Path Foward Logical Legal Front Page Stories Front Page executive order donald trump Citizenship Question census bill barr attorney general administration

FILE – This March 23, 2018 file photo shows an envelope containing a 2018 census letter mailed to a resident in Providence, R.I., as part of the nation’s only test run of the 2020 Census. A Trump administration plan to include a citizenship question on the 2020 Census has prompted legal challenges from many Democratic-led states. But not a single Republican attorney general has sued _ not even from states with large immigrant populations. (AP Photo/Michelle R. Smith)

After what appeared to be pending defeat on the issue of asking about citizenship status on the coming census, things have begun to turn.

The Supreme Court affirmed the authority of Trump’s administration to include the question. A quick end to the saga was foiled by Justice Roberts though, who joined with the liberal faction to slap it down on administrative grounds.

Despite the court signaling to Trump that he could win the war after losing the battle, the timeline left things in doubt because printing needed to start soon on the actual forms. After his own DOJ confirmed the matter was being dropped, the President rightly changed his mind at the eleventh hour and decided this was a fight worth having.

That led to a change in the team of lawyers running the process and the entry of a man who has a knack for outfoxing his opponents.

Enter Attorney General Bill Barr, who now says he’s found a path forward.

In a visit to South Carolina today, U.S. Attorney General William Barr said to expect the administration will present a legal path work-around that will allow a question on citizenship to be added to the 2020 Census.

Speaking to reporters after visiting a federal prison, Barr said “I think over the next day or two you’ll see what approach we’re taking and I think it does provide a pathway for getting the question on the Census.”

What that path is he won’t say just yet, but we should know tomorrow what he’s proposing.

Some have speculated that there’s an executive order coming that could bypass some of the requirements of the administration procedures act. Other’s have said it’s as simple as just being upfront about the most logical reason to include the question and re-submitting to the lower court. Namely, that the constitution pretty clearly did not intend for non-taxed illegal aliens to count toward the apportionment of Congressional members and that it’s necessary to find out numbers on citizens, legal residents (who would count toward apportionment), and illegal aliens.

While the media thinks that’s a taboo thing to for the administration to say, the polling doesn’t back that up, as I covered earlier today (read the full write up on new polling that shows Trump winning on major issues).

The President, either via his own decision making or listening to the wrong people, made a strategic mistake early on in this process. There was no need to try to craft an explanation that helped prevent jimmy rustling in New York’s news rooms. A more direct path was always the best way. The vast majority of the American people support asking about citizenship (or residency) on the census and realize that it’s perfectly acceptable to do so as a check on apportionment to states with purposely bloated illegal populations.

Bill Barr isn’t typically one to make false promises and I suspect he’ll deliver here. Expect lots of teeth gnashing hysteria no matter what.

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Westlake Legal Group 300e3a-300x146 AG Bill Barr Says He’s Found a Way to Get the Citizenship Question on the Census Supreme Court Politics Path Foward Logical Legal Front Page Stories Front Page executive order donald trump Citizenship Question census bill barr attorney general administration   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Justice Dept. to Replace Lawyers in Census Citizenship Question Case

Westlake Legal Group 07dc-census1-facebookJumbo Justice Dept. to Replace Lawyers in Census Citizenship Question Case United States Politics and Government Justice Department Citizenship and Naturalization census

WASHINGTON — The Justice Department said without explanation on Sunday that it was replacing the legal team defending the Trump administration’s effort to place a citizenship question on the 2020 census, issuing a statement in which it said it was “shifting these matters to a new team of Civil Division lawyers going forward.”

The announcement came days after plaintiffs in the case filed a motion in United States District Court that effectively accused the department and the administration of lying about the urgency of resolving the census dispute in time to meet a July 1 deadline to begin printing census forms. Although that deadline has long passed, the department has continued to argue in court that it is seeking new ways to add the question to the next census.

This is a developing story and will be updated.

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