Nicandro Iannacci  //  4/18/19  //  Daily Update


The White House is resisting congressional requests for information and is preparing for an extended legal battle over congressional subpoenas. AG Bill Barr ruled that a noncitizen who is transferred from expedited removal to full removal proceedings after demonstrating a “credible fear” of persecution or torture is subject to mandatory and indefinite detention. DOJ indicted dozens of medical professionals for the illegal distribution of opioids. FCC Chairman Ajit Pai announced his opposition to allowing Chinese telecommunications company China Mobile to enter the U.S. market, citing national security concerns. The Mueller investigation has revived the Foreign Agents Registration Act as an anti-corruption tool.

 

TRUMP: INVESTIGATIONS & LITIGATION

AG Bill Barr and Deputy AG Rod Rosenstein will host a press conference today at 9:30am to discuss the Mueller Report, and the report will be released later (WSJ).

  • DOJ officials have had “numerous” conversations with White House lawyers about the Report’s contents (NYT).
  • DOJ plans to allow some members of Congress to see a less-redacted version of the Report. (WaPo)
  • Republicans and Democrats are preparing to respond. (The Hill)
  • So is the White House. (Politico)
  • The battle for grand jury material will begin immediately, but it’s unclear how it play out, write Mikhaila Fogel and Margaret Taylor at Lawfare.
  • President Trump’s planned “counter-report” should be fair game for congressional investigation, writes Bob Bauer at Lawfare.
  • Pay close attention to what the Report says about “coordination” between Russia and the Trump campaign, writes Larry Noble at CNN.

The White House is resisting congressional requests for information and is preparing for an extended legal battle over congressional subpoenas (WaPo).

 

IMMIGRATION

AG Bill Barr ruled that a noncitizen who is transferred from expedited removal to full removal proceedings after demonstrating a “credible fear” of persecution or torture is subject to mandatory and indefinite detention (NYT, ImmigrationProf Blog).

  • The AG’s decision in Matter of M-S- is here.

DHS will build two new tent cities in Texas to accommodate a surge in asylum-seekers from Central America (NYT).

House Oversight Committee chairman Elijah Cummings asked Trump adviser Stephen Miller to testify on May 1 about the administration’s immigration policies (WaPo). 

The National Origin-Based Anti-discrimination for Non-immigrants (“NO BAN”) Act, which would amend INA Section 212(f), is a needed check on presidential decision-making, writes Harsha Panduranga at Just Security.

 

DEMOCRACY

Various companies have told the Trump administration that inclusion of a citizenship question on the 2020 Census will hurt business if it leads to an undercount of immigrants (Reuters).

 

JUSTICE & SAFETY

DOJ indicted dozens of medical professionals for the illegal distribution of opioids (WSJ).

 

REGULATION 

In public remarks, CFPB Director Kathy Kraninger outlined her approach to using the agency’s authority to prevent consumer harm (Consumer Finance Monitor). 

FCC Chairman Ajit Pai announced his opposition to allowing Chinese telecommunications company China Mobile to enter the U.S. market, citing national security concerns (The Hill, WSJ).

The FTC voted against imposing any fines or penalties on companies that falsely market their products as “Made in America” (NYT).

A nonprofit group of doctors sued the USDA to compel a response to the group’s petition to regulate the fecal contamination of chicken and other meat (WaPo).

The DOL’s proposed interpretation of joint employer liability conflicts with the language and legislative history of the Fair Labor Standards Act, writes Kate Griffith at On Labor.

DHS is designed to be politically responsive and is unlikely to resist the president’s worst impulses, write Carrie Cordero and Garrett Graff at Politico Magazine.

 

RULE OF LAW

To hold presidents accountable, we should consider the equitable tolling of statutes of limitations until a president has left office, write Amanda Lineberry and Chuck Rosenberg at Lawfare.

The Mueller investigation has revived the Foreign Agents Registration Act as an anti-corruption tool, writes Zephyr Teachout at The Washington Post.

 


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 23, 2019

5/23/19  //  Daily Update

President Trump cut a meeting with the Democratic leadership short, as a growing Democratic chorus calls for his impeachment. The federal judiciary continues to rule against the President’s attempts to shield his affairs from public scrutiny. His former and now-imprisoned personal counsel Michael Cohen remains under investigation. Momentum builds behind an effort to abolish the Electoral College by interstate compact.

Adam Smith

Harvard Law School

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