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Magistrate Judge Enjoliqué A. Lett (S.D. Fla.) on Thursday ordered President Trump to sit for a deposition by Dec. 11 in his defamation lawsuit against the British Broadcasting Corporation. The president’s lawyers wrote in a Wednesday filingthat “matters of national importance” required the president to cancel his deposition scheduled for Oct. 16. (Docket.) (NYT.) (Politico.) For background on the case, see a previous Roundup.
Magistrate Judge Cyrus Y. Chung (D. Colo.) on Monday ordered a Uganda national released from Immigration and Customs Enforcement detention, stating that the government had “no concrete plan to remove him” and that his period of detention following a final order of removal exceeded the “presumptively reasonable” six-month limit. (Order.) The Washington Post reported that he experienced untreated pneumonia during the course of his 13-month detention, losing more than 30 pounds and the strength to walk. (WaPo.)
The Justice Department has reportedly opened a criminal investigation into whether Corey Lewandowski unlawfully profited from his position as a top adviser in the Department of Homeland Security. (NYT.) (WaPo.)
The Justice Department filed a notice on Wednesday with the U.S. District Court for the District of Columbia stating that construction of President Trump’s 250-foot triumphal arch could start as early as Nov. 5, when the National Capital Planning Commission is scheduled to vote on the proposal. (Notice.) (WaPo.)
Jack Goldsmith and Caleb Nelson discussed Trump v. Slaughter and the rise of the unitary executive theory. (Executive Functions.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Mullin v. Friends of the Ruidosa Church: The government on October 21 asked the Supreme Court to issue a stay pending appeal of a district court preliminary injunction halting government construction of barriers along a portion of the U.S.-Mexico border. The government asked the Court to construe its application as a petition for a writ of certiorari and grant the petition. (Application.) Justice Alito requested a response to the application by 4 p.m. on October 29.