Mackenzie Walz  //  8/1/19  //  Daily Update


A lawsuit determining whether President Trump directed parts of a FISA warrant for his former adviser Carter Page to be declassified will continue. The White House characterized the trade talks between China and Russia as “constructive” and announced the countries will meet in September to continue the conversation. The US imposed financial sanctions on Iran’s foreign minister, increasing pressure on the Islamic Republic. The Federal Reserve announced it will cut interest rates for the first time since the 2008 financial crisis in an effort to protect the US economy from a downturn.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The House Judiciary Committee’s fight for the grand jury testimony underlying the Special Counsel’s report will likely continue for months, as oral argument is set for October (The Hill).

A lawsuit determining whether President Trump directed parts of a FISA warrant for his former adviser Carter Page to be declassified will continue (Politico).

The federal judge administering the lawsuit over President Trump’s tax returns is considering a proposal to transfer the case to New York (Politico).

 

IMMIGRATION

The Administration has instituted draconian changes in asylum policy without consulting government officials or lawyers within the asylum system, argues Susan Martin for the Center for Migration Studies.

The Administration’s immigration measures are intended to narrow access to asylum in the long-term and deter asylum seekers in the short-term, discusses Nick Miroff for The Washington Post.

Attorney General Barr’s decision prohibiting asylum seekers from listing immediate family members as their “particular social group” will have grave and deadly consequences, contends Natalie Nanasi for The Hill.

 

CIVIL RIGHTS

A rule proposed by HUD would restrict disparate impact claims under FHA, making it more difficult to challenge discrimination in housing (NPR).

 

JUSTICE & SAFETY

The White House characterized the trade talks between China and Russia as “constructive” and announced the countries will meet in September to continue the conversation (The Hill).

The US is one step closer to ending the 30-year-old INF treaty with Russia, as Friday marked the end of the six-month withdrawal period (The Hill).

The US imposed financial sanctions on Iran’s foreign minister, increasing pressure on the Islamic Republic (WaPo; WSJ; NYT).

After a seven-month vacancy, the Senate confirmed Kelly Craft as ambassador to the United Nations (WaPo; CNN)

 

REGULATION

In an effort to lower the cost of prescription drug prices, HHS announced a plan to allow the importation of cheaper prescription drugs from other countries (The Hill).

The Federal Reserve announced it will cut interest rates for the first time since the 2008 financial crisis in an effort to protect the US economy from a downturn (The Hill; WaPo; WSJ).

 

CHECKS & BALANCES

The House General Counsel, Douglas Letter, has taken on the role of defending congressional power in court, discuss Andrew Desiderio and Kyle Cheney for POLITICO.

Although Justice Kavanaugh’s replacement of Justice Kennedy has resulted in a more conservative Court, it is too soon to know the true nature of version 8 of the Roberts Court, asserts Michael Dorf for Take Care.

 

RULE OF LAW

The pardon power serves important purposes, but using it to encourage future law-breaking is inconsistent with these purposes, argue James Pfiffner and Justin Florence for The Hill.


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School