Latest news with #CarlTobias
The Guardian
18-07-2025
- Politics
- The Guardian
Trump gives New York attorney new title after judges reject his appointment
Donald Trump has given a New York prosecutor a new job title to keep him in power after federal judges rejected his appointment. John Sarcone III was supposed to be removed as interim US attorney for New York's northern district after a judicial panel refused to make his appointment permanent. Instead, the justice department has made him 'special attorney to the attorney general' with the same powers and no time limit. The appointment represents Trump's curious pattern of working around traditional oversight mechanisms. Unlike his first term, when all 85 US attorney nominees were confirmed by the Senate, his second administration has formally nominated only about a quarter of that number, relying instead on interim appointments that bypass Senate confirmation. Carl Tobias, a law professor at the University of Richmond trying to make sense of the appointment said the justice department is using a federal law called 28 US Code Section 515 to justify the move, but he says that's a stretch. That law allows for 'special attorneys' to handle specific cases, but this sort of application may not be intended to let someone serve as both acting US attorney and first assistant at the same time. 'It is unclear that Congress intended this code section to authorize the latter two named appointments,' said Tobias. 'The historical practice has been to nominate people to be US Attorneys during the appointing president's term subject to confirmation by the Senate.' The move keeps Sarcone in place despite a string of problems that have raised questions about his credibility and qualifications. The Albany Times Union revealed that an address he listed as his legal residence in a police affidavit was actually a boarded-up building. When questioned, Sarcone offered shifting explanations about apartment renovations delayed by tariffs on Chinese windows, admitting he had been staying in hotels since his March appointment. Federal law requires US attorneys to live within their district, making the residency question legally significant. One notable issue came when Sarcone appeared on Fox News claiming an undocumented immigrant had tried to kill him with a knife outside an Albany hotel. But surveillance footage showed the two men never got closer than 20 ft, a direct contradiction of Sarcone's story of being 'chased with a knife' by 'a maniac' speaking 'in a foreign language'. Based on Sarcone's account, prosecutors at first charged Saul Morales-Garcia with attempted murder. After seeing the video, they dropped those charges. The man pleaded guilty to a much lesser charge of menacing. When questioned about listing a false address in legal documents, Sarcone dismissed concerns: 'Have you been chased with a knife and threatened? Are you saying I lied? Give me a break.' The Department of Justice did not respond to a request for comment.
Bloomberg
15-07-2025
- Politics
- Bloomberg
Bloomberg Law:Judges Block Trump Agenda Despite SCOTUS
Professor Cary Coglianese who directs the University of Pennsylvania Carey Law School's program on regulation, discusses the way federal courts are getting around the Supreme Court's decision limiting nationwide injunctions. Carl Tobias, a professor at the University of Richmond Law School, discusses President Trump's slow start with judiciary appointments. June Grasso hosts.
Time of India
23-05-2025
- Politics
- Time of India
The Trump-Harvard showdown: Can US govt halt a university from enrolling international students? What the law says
What is SEVIS and why does it matter? Live Events Legal uncertainty and potential retaliation In an unprecedented escalation, the Trump administration has moved to block Harvard University from enrolling international students by revoking a critical federal certification, a move that could leave thousands of students in legal Department of Homeland Security (DHS) has stripped Harvard, an Ivy League school, of its ability to access SEVIS, the federal Student and Exchange Visitor Information System, which schools are required to use in order to host international is a DHS-run database that colleges and universities must use to maintain the legal status of foreign allows schools to log enrollment information for each international student, verifying their eligibility to remain in the United States on student visas. Without access to SEVIS, institutions like Harvard cannot certify that students are enrolled full-time, which is a basic requirement of visa terms.(Join our ETNRI WhatsApp channel for all the latest updates)'Effective immediately,' Homeland Security said, Harvard is no longer certified to use SEVIS. While the students may still technically hold valid visas, Harvard is unable to update their status in the system — making them, in the eyes of immigration enforcement , immediately deportable unless they transfer to another institution or obtain legal relief from the move, as reported by The New York Times, appears to be a direct pressure tactic by the administration to force Harvard into alignment with its policy priorities. Legal experts say the action could trigger a major court battle.'Harvard will argue that the actions of the secretary are arbitrary and capricious,' Carl Tobias, a law professor at the University of Richmond told NYT. 'A court is likely to find that she lacks the power to eliminate its program for international students.'Stacy Tolchin, an immigration attorney who represents international students, suggested that Harvard may also have grounds for a First Amendment retaliation claim: 'The university would have a clear case challenge for retaliation from DHS based on First Amendment-protected activities.'As of now, Harvard has not publicly announced whether it will sue. The university's spring term ends Monday, leaving international students and faculty scrambling to determine what options over 6,800 international students — more than a quarter of its total student body — Harvard's global academic standing is directly threatened by this move. Whether the courts will side with the university or uphold the federal government's expansive immigration powers remains to be seen.
