JM Rieger @RiegerReport Video Editor, The Washington Post • [email protected] Jul. 03, 2019 4 min read

A White House official to The Wall Street Journal on Trump’s tweet:

“Nobody has any f—ing idea [what he’s talking about].” 

BREAKING: In a course reversal, Justice Dept. attorney says government will look for a way to add citizenship question to 2020 Census 

In a call with a federal judge hours ago a DOJ attorney said:

“The tweet this morning was the first I had heard of the President’s position … I have confirmed that the Census Bureau is continuing with the process of printing the questionnaire without a citizenship question”

Minutes later, a second DOJ attorney told the judge:

"We at the Department of Justice have been instructed to examine whether there is a path forward, consistent with the Supreme Court's decision, that would allow us to include the citizenship question on the census."

Full transcript of the 3:30 pm conference call today: 

Federal judge on contradicting statements from DOJ:

“I’ve been told different things and it’s becoming increasingly frustrating…[If you contradicted a private client’s public statements] I would be saying I don’t think you speak for your client anymore” 

Axios - “President Trump is considering an executive order to try to move forward with a citizenship question on the 2020 census” 

The Trump administration has until 2 p.m. today to explain to a federal judge how it intends to proceed on the census citizenship question.

In the interim, the government has begun printing census forms without the question. 

TRUMP says he is “thinking about doing” an executive order to add a citizenship question to the census, says he has “four or five” options.

The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census.

But the department says it’s unclear how that will happen. 

TRUMP today said citizenship question needed for redistricting:

“You need it for Congress for districting”

Solicitor Gen. NOEL FRANCISCO last month said that wasn’t the reason:

“[Wilbur Ross] did not rely on that rationale in his decisional memorandum” 

Trump’s Justice Department is swapping out its team of lawyers on the census citizenship question case.

No official reason was given. 

BILL BARR on census citizenship question:

“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.”

He did not provide immediate details. 

Reminder: The Trump administration has changed its story no fewer than 10 times in the past 4 months on adding a citizenship question to the 2020 Census.

A senior official tells the Associated Press that President Donald Trump is expected to issue a presidential memorandum to the Commerce Department instructing it to include the citizenship question on the 2020 Census. 

The Trump administration previously argued on at least five occasions that the census citizenship question case needed to be resolved by June 30.

It is now July 9.

(h/t @JaxAlemany)

A federal judge has DENIED a Justice Department motion to swap out its legal team on the census citizenship question case.

“[DOJ] provide no reasons, let alone “satisfactory reasons,” for the substitution of counsel.” 

A second federal judge has DENIED a Justice Department motion to swap out its legal team on the census citizenship question case.

“A shift in counsel at this late stage may be disruptive to an already complicated and expedited case." 

Judge Hazel's (Md.) ruling today does seem to leave open the possibility of a DOJ lawyer swap if:

1) The withdrawing lawyers remain available to the court as needed
2) New lawyers don’t disregard prior DOJ representations to the court 

Trump reverses himself, will no longer push to add citizenship question to 2020 Census.

He will instead instruct the Commerce Department to work with other federal agencies to find ways to collect information about citizenship. 

The Trump administration changed its story on the census citizenship question 12 times over the past four months.

On Thursday, Trump retreated and said his administration would gather noncitizen data another way. 

Trump citizenship status executive order just released by the White House:

“The logistics and timing for carrying out the census, combined with delays from continuing litigation, leave no practical mechanism for including the question on the 2020 decennial census."

Here the data Trump is ordering federal agencies to share with the Commerce Department to determine the number of noncitizens in the US:

Trump’s order leaves open the possibility of states drawing congressional districts based on eligible voter population.

Last month, Trump’s solicitor general said drawing districts by voting-age population was not part of the administration’s rationale. 

Trump’s executive order also calls for a citizenship question on the 2030 Census:

“The Secretary of Commerce shall consider initiating any administrative process necessary to include a citizenship question on the 2030 decennial census"

You can follow @RiegerReport.


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