Nicandro Iannacci  //  4/5/19  //  Daily Update


In a letter to members of Congress, lawyers for former Trump attorney Michael Cohen requested support for a reduced prison sentence for Cohen so he can assist in oversight investigations. The DOJ defended AG Bill Barr’s summary of the Mueller Report, drawing a response from House Judiciary Committee Chairman Jerrold Nadler. ICE arrested more than 280 people at a Texas company, the largest workplace immigration raid in a decade. The House will file a lawsuit to block President Trump’s emergency declaration to build a wall on the border. In response to complaints from LGBT employees, AG Bill Barr ordered an investigation into discrimination at the DOJ. The House approved a war powers resolution ending U.S. military involvement in Yemen, sending it to President Trump for a possible veto.

 

TRUMP: INVESTIGATIONS & LITIGATION

In a letter to members of Congress, lawyers for former Trump attorney Michael Cohen requested support for a reduced prison sentence for Cohen so he can assist in oversight investigations (NYT, WaPo, WSJ, Politico).

  • The letter to Congress is here.

The DOJ defended AG Bill Barr’s summary of the Mueller Report, drawing a response from House Judiciary Committee Chairman Jerrold Nadler (NYT, WSJ).

  • The statements from the DOJ and Rep. Nadler are here.
  • Barr does not deserve the benefit of the doubt, writes Luppe Luppen at Just Security.

Earlier this year, President Trump asked Senate Majority Leader Mitch McConnell to prioritize the confirmation of IRS Chief Counsel Michael Desmond, raising questions about the president’s motivations (NYT).

Last month, three House Democrats asked Capital One Financial for documents related to President Trump, only to be told they need a subpoena (WaPo).

 

IMMIGRATION

ICE arrested more than 280 people at a Texas company, the largest workplace immigration raid in a decade (NBC News, NYT, BuzzFeed News). 

President Trump withdrew his immediate threat to close the southern border, insteading threatening to raise tariffs on cars (NYT, WaPo, WSJ). 

The House will file a lawsuit to block President Trump’s emergency declaration to build a wall on the border (The Hill, BuzzFeed News, Politico).

 

CIVIL RIGHTS

In response to complaints from LGBT employees, AG Bill Barr ordered an investigation into discrimination at the DOJ (BuzzFeed News).

  • The AG’s letter to DOJ Pride is here.

 

JUSTICE & SAFETY

DHS staffers were warned not to release “nonpublic” information to the public or face adverse consequences for doing so (BuzzFeed News).

 

CONFLICTS OF INTEREST

The Office of Government Ethics refused to certify Treasury Secretary Steven Mnuchin’s 2018 financial disclosure report, citing an improper business sale to his wife (NYT, CREW).

A newly obtained document shows Acting Interior Secretary and nominee David Bernhardt continued his work as a lobbyist months after he claimed to have stopped (NYT).

Delays in the Trump administration’s release of ethics waivers suggest there may be other waivers still hidden from the public, writes Meredith Lerner for CREW.

 

REGULATION

Three states filed a lawsuit challenging President Trump’s 2017 executive order requiring the repeal of two regulations for each new regulation added (The Hill).

The president plans to nominate businessman and former Republican presidential candidate Herman Cain to the Federal Reserve’s board of governors (WSJ).

 

CHECKS & BALANCES

The House approved a war powers resolution ending U.S. military involvement in Yemen, sending it to President Trump for a possible veto (NYT, WSJ, Politico).

 


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

Daily Update | May 20, 2019

5/20/19  //  Daily Update

The federal government’s ban on spending federal funds on abortions means that Medicaid recipients cannot access abortion, creating a burden on women of color and women living in poverty. A new rule proposed by the Trump administration would prohibit families from obtaining subsidized housing if any family member is undocumented. The Fourth Circuit found that the Trump administration’s decision to rescind DACA was arbitrary and capricious – and therefore unlawful – because it was not adequately explained and the administration did not address the impact of this decision on DACA-recipients’ reliance interests. The White House has released a new tool to solicit information from people who believe that their social media posts have been censored by politically biased social media companies.

Karen Kadish

Columbia Law School