Mackenzie Walz  //  4/16/19  //  Daily Update


The DOJ is expected to release a redacted version of Robert Mueller’s report on the Russia investigation on Thursday. Since the State Department altered its foreign affairs manual last year to give diplomats greater discretion to deny visas on public-charge grounds, denials on this ground have increased. The Department of Interior opened an investigation into President Trump’s recently confirmed Secretary, David Bernhardt, for potential ethics violations and conflicts of interest. The Supreme Court continues to fault capital defendants for the states’ sloppy death penalty policies and litigation tactics, rather than holding the states accountable. 

 

IMMIGRATION

Since the State Department altered its foreign affairs manual last year to give diplomats greater discretion to deny visas on public-charge grounds, denials on this ground have increased (Reuters).

Three Democratic committee chairmen assert the Trump Administration lacks the legal authority to transfer migrants to sanctuary cities (NBC News).

 

JUSTICE & SAFETY 

President Trump’s unpredictability during trade negotiations has some businesses and officials concerned that he is undermining the U.S.'s authority and role in global trade (NYT).

 

CONFLICTS OF INTEREST

The Turkish Government’s sponsorship of the Conference on US-Turkey Relations may implicate the Emoluments Clause if this sponsorship consists of payments to the Trump Hotel where it is being held (CREW). 

The Department of Interior opened an investigation into President Trump’s recently confirmed Secretary, David Bernhardt, for potential ethics violations and conflicts of interest (The Hill).

 

REGULATION

The Administration’s successful deregulation, particularly in areas of public health and the environment, may have significant societal impacts for years to come (Notice & Comment).

 

CHECKS & BALANCES

Congress’ request for President Trump’s tax returns is lawful and, if the Administration continues to refuse to comply, Congress can issue a subpoena and have it enforced in court, contends Brianne Gorod for Take Care.

 

FEDERALISM

The Supreme Court continues to fault capital defendants for the states’ sloppy death penalty policies and litigation tactics, rather than holding the states accountable, discusses Leah Litman for Take Care.

 

REMOVAL FROM OFFICE 

Congress should impeach President Trump, regardless of Mueller’s report, because he lacks the virtue the Founding Fathers deemed paramount in a president, argues Jeffrey Engel for The Washington Post.

 

RUSSIAN INTERFERENCE 

The DOJ is expected to release a redacted version of Robert Mueller’s report on the Russia investigation on Thursday (CNN; WaPo).

  • Slate identifies seven things to look for when reading the redacted report.
  • Just Security explains some of the rules governing Barr’s redaction process.

 

 


Daily Update | May 24, 2019

5/24/19  //  Daily Update

President Trump issued a memorandum granting Attorney General Barr sweeping authority in his audit of the Russian interference investigation. A court date has been set by the D.C. Circuit Court of Appeals to hear the mounting subpoena case over access to the President’s financial records. The Justice Department has argued that Congress lacks the ability to sue Trump over appropriating military funds for constructing his border wall.

Daily Update | May 22, 2019

5/22/19  //  Daily Update

The power struggle between the Trump Administration and Congress continues: The Democratic House moves towards impeachment, while two federal judges reject the President’s assertions of privilege. The President will appoint Ken Cuccinelli, a former Virginia attorney general and vocal anti-immigration hardliner, as his new immigration czar.

Adam Smith

Harvard Law School

Daily Update | May 21, 2019

5/21/19  //  Daily Update

The White House instructed former counsel Donald McGahn to ignore a subpoena from House Democrats to testify on Tuesday morning, citing an OLC opinion. A federal judge in DC upheld a subpoena from House Democrats to accounting firm Mazars for President Trump’s financial records. ICE is detaining more than 52,000 immigrants in jails around the country, an apparent all-time record. Assisted reproductive technology may disrupt traditional ideas about maternity on which abortion law and discourse rests. President Trump said he currently sees no threatening actions from Iran, but that the U.S. “will have no choice” but to respond if that changes. The president’s stated preference for acting cabinet secretaries is bad governance and bad for national security. The EPA plans to change how it calculates the health risks of air pollution, resulting in fewer projected deaths from the rollback of the Clean Power Plan.

Nicandro Iannacci

Columbia Law School