Jacob Miller, Ian Eppler  //  4/19/18  //  Daily Update


The Trump administration is attempting to transfer an unlawfully detained American citizen from Iraq to Saudi Arabia. Anticipating that President Trump may pardon close associates, New York Attorney General Eric Schneiderman asked the New York legislature to give his office increased power to pursue state charges against individuals given federal pardons. The American Constitution Society, a liberal legal group, sent an open letter to the Federalist Society, a conservative legal group with strong ties to the Trump administration, to stand together against efforts to interfere with investigations into the administration. Karen McDougal, a former model, settled a lawsuit with the parent company of the National Enquirer over a nondisclosure agreement that prevented her from discussing an alleged affair with President Trump. 

 

TRUMP: INVESTIGATIONS & LITIGATION

Karen McDougal, a former model, settled a lawsuit with the parent company of the National Enquirer over a nondisclosure agreement that prevented her from discussing an alleged affair with President Trump (NYTimes, WaPo).

Anticipating that President Trump may pardon close associates, New York Attorney General Eric Schneiderman asked the New York legislature to give his office increased power to pursue state charges against individuals given federal pardons (NYTimes).

  • The letter is available here.

Federal prosecutors and attorneys for Michael Cohen have suggested special masters to oversee the review of documents seized from Cohen’s office (Politico, WSJ).

While President Trump has expressed loyalty to his lawyer Michael Cohen during the ongoing investigation of his business practices, precedent suggests that Trump may soon distance himself from Cohen, reports Marc Fisher in the Washington Post.

President Trump posted on Twitter mocking a sketch of a man who allegedly threatened Stormy Daniels (NYTimes).

The “good cause” provision in the Special Counsel regulation likely creates some protection against removal for Special Counsel Mueller, argues Cary Coglianese at the Regulatory Review.

If President Trump terminates Deputy Attorney General Rod Rosenstein, responsibility for the Special Counsel investigation will likely fall to Solicitor General Noel Francisco, under either the Vacancies Reform Act or Department of Justice policy, notes Victoria Bassetti at ACS Blog.

The American Constitution Society, a liberal legal group, sent an open letter to the Federalist Society, a conservative legal group with strong ties to the Trump administration, to stand together against efforts to interfere with investigations into the administration (The Hill).

 

IMMIGRATION

Under a new interpretation of a previous rule, the United States Citizenship and Immigration Services stated that applicants over 18 but below 21 at the beginning of the application process no longer qualify for Special Immigrant Juvenile Status (NYTimes).  

H-4 spouse visas are under threat during the Trump administration despite being very difficult to receive and work under already, writes Shikha Dalmia for the New York Times.

 

JUSTICE & SAFETY

President Trump and Kim Jong-un may need to meet in Mongolia due to issues with North Korean aircraft (NYTimes).

President Trump showed he trusts new C.I.A. Director Mike Pompeo by sending him to meet with Kim Jong-un, writes Mark Landler for the New York Times.

President Trump and Attorney General Jeff Sessions should learn from history to not turn to mass incarceration in response to America’s drug crisis, writes Director of Strategic Initiatives for The Sentencing Project Kara Gotsch for the American Constitution Society.

The Trump administration is attempting to transfer an unlawfully detained American citizen from Iraq to Saudi Arabia, writes Jonathan Hafetz for the American Civil Liberties Union.

The recent strike in Syria showed the United States, British, and French militaries can act quickly, but failed to meaningfully interfere with Syria's ability to manufacture chemical weapons, writes Sean Gallagher for Ars Technica.

United States allies may be unwilling to cooperate with President Trump’s nominee Gina Haspel based on her history and stances, write Amrit Singh and Jonathan Horowitz for Just Security.

Some members of Congress are concerned that President Trump will take on expanded war powers following the strike in Syria, even if they supported the strike (WSJ).

 

REGULATION

Tensions between career civil servants and President Trump’s political appointees are paralyzing the National Labor Relations Board, report Ian Kullgren and Andrew Hanna at Politico.

The Drug Enforcement Administration’s new opioid production caps will likely create harmful shortages, suggests Jeffrey Singer at Cato@Liberty.

Secretary of Education Betsy DeVos is promoting a plan to offer school vouchers to military families (The Hill).

 

RULE OF LAW

The Office of Management and Budget will investigate Environmental Protection Agency Administrator Scott Pruitt’s purchase of a $43,000 soundproof phone booth for his office (WSJ).

 

RUSSIAN INTERFERENCE

Russia is likely to engage in “hybrid warfare” in the future, which may include further interference in US elections, argues Susan Landau at Lawfare.

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School