Hetali Lodaya  //  4/2/19  //  Daily Update


The success of a lawsuit filed by Trump’s lawyers for declaratory, monetary, and injunctive relief against the producers of a new TV show, Are You Smarter Than Donald Trump? will depend on whether it is taken as satire. The House Judiciary Committee will vote Wednesday on whether to subpoena the full Mueller Report. Visa denials are on the rise under the Trump Administration. The Mattis policy regarding transgender persons in the military will go into effect on Friday, April 12. A whistleblower within the White House Personnel Security Office has come forward with a list of 25 individuals who were issued denials for security clearance that were subsequently overturned by the White House.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The success of a lawsuit filed by Trump’s lawyers for declaratory, monetary, and injunctive relief against the producers of a new TV show, Are You Smarter Than Donald Trump? will depend on whether it is taken as satire, writes Michael Dorf at Dorf on Law.

Democratic lawmakers are worried that the Mueller Report’s findings could end up expanding the scope of executive power. (The Hill

The Reporter’s Committee for Freedom of the Press filed a FOIA request for any grand jury materials “cited, quoted, or referenced” in the Mueller report. (The Hill, Lawfare, The Volokh Conspiracy)

  • Barr’s choice to withhold grand jury materials may result in backlash from Congress and the public, argues Barbara McQuade at Just Security.

The House Judiciary Committee will vote Wednesday on whether to subpoena the full Mueller Report. (WaPo)

  • Congress is entitled to the full report under the law and should ask for it, argues Nelson Cunningham at Politico.

 

IMMIGRATION

Visa denials are on the rise under the Trump Administration. (ImmigrationProf Blog)

 

CIVIL RIGHTS

The Mattis policy regarding transgender persons in the military will go into effect on Friday, April 12. (Just Security)

  • In defending this policy, the Trump Administration is recycling arguments that have previously been used to justify discriminatory government actions, argue Leah Litman and Hetali Lodaya at Take Care.

 

DEMOCRACY 

Previous cases may give some indication as to how particular Justices will vote when the Court hears the 2020 Census citizenship question case later this month, writes Mark Walsh at ABA Journal.

  • The President says the Census is “meaningless” without the citizenship question. (Politico)
  • If the Supreme Court properly interprets the relevant Constitutional and administrative provisions, they should hold that the question does not belong on the Census, argues David H. Gans at the Constitutional Accountability Center.

Cutting funding to three Central American countries is directly contrary to the convention wisdom of years in Washington about how to tackle the root causes of migration, writes Elisabeth Malkin at The New York Times.

  • In fact, it is likely to drive immigration to the United States up, argue Anita Isaacs and Anne Preston at The New York Times.

 

REGULATION 

One President can only have so much deregulatory effect, argues Bridget C.E. Dooling at Notice & Comment.

 

CHECKS & BALANCES

A whistleblower within the White House Personnel Security Office has come forward with a list of 25 individuals who were issued denials for security clearance that were subsequently overturned by the White House. (Lawfare, Politico)

 

RUSSIAN INTERFERENCE 

The U.S. is similarly exposed to interference ahead of the 2020 elections as it was in 2016, write Courtney Wraver and Kiran Stacey at the Financial Times.

 


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

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