Free Republic

Sanity: Though President Barack Obama implemented the Deferred Action on Childhood Arrivals (DACA) policy via executive order — which most constitutional experts said he had no authority to do because he was changing existing immigration law — POTUS Donald Trump has had a difficult time repealing that order through his own executive action. Now, however, a federal judge has handed his administration its first real DACA victory after reversing an earlier Aug. 3 ruling.

Deepest blow yet to Trump’s phaseout ....Judge John D. Bates’s ruling would require a full restart, meaning even illegal immigrant “Dreamers” who’d never been approved before would now be able to apply for DACA.... judge imposed a 90-day delay on his own ruling to give the government a chance to reargue its case, but for now the ruling stands as the most severe blow yet to Mr. Trump’s phaseout. Judge Bates said the government’s reasoning for revoking DACA wasn’t convincing enough, and so it amounted to an “arbitrary and capricious” decision, which makes it illegal under the Administrative Procedures Act....

The Obama administration secretly won permission from a surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases, according to interviews with government officials and recently declassified material. In addition, the court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and more under special circumstances, according to the documents, which include a recently released 2011 opinion by U.S. District Judge John D. Bates, then...

Forty-seven U.S. senators attended a closed-door briefing with top national security officials Thursday to learn more about how telephone and Internet-tracking programs used by the National Security Agency have thwarted multiple terrorist attacks — details that lawmakers said the general public will begin learning more about by Monday. Sen. Dianne Feinstein (D-Calif.), who chairs the Senate Intelligence Committee, said it is taking longer to release the information as top NSA officials work to ensure that any information released publicly is as accurate as possible.

WASHINGTON – A federal judge ruled on Thursday that prisoners in the war on terror can use U.S. civilian courts to challenge their detention at a military air base in Afghanistan. U.S. District Judge John Bates turned down the United States' motion to deny the right to three foreign detainees at Bagram Airfield in Afghanistan. The U.S. Supreme Court ruled last year that detainees at Guantanamo Bay, Cuba, have the right to challenge their detention in court. But the government had argued that it did not apply to those in Afghanistan.

Joe Wilson and Valerie Plame have run into a bit of bad luck in their lawsuit against Dick Cheney, Scooter Libby, Karl Rove, and ten random Republicans. CQ reader Denis K took a peek at the complaint and noticed something that I had missed earlier -- the judge assigned to the case. Wilson and Plame drew Judge John D. Bates -- and a quick glance at his rulings will no doubt have the Left fuming.