Caroline Cox, Britany Riley  //  8/2/18  //  Daily Update


On Twitter, the President called for Attorney General Jeff Sessions to immediately conclude the special counsel investigation into Russian interference. The trial of Paul Manafort for bank and tax fraud is continuing with witnesses for the prosecution discussing Manafort’s spending on luxury goods. Special counsel Robert Mueller is offering to limit questions for President Trump in order to get an interview with him. The Trump Administration is contemplating significantly reducing for a second time the number of refugees to be resettled in the United States. A new Defense Department plan advises the Trump Administration to reduce the number of American troops in Africa. President Trump asked the Treasury Department to investigate lowering the capital gains tax, despite the fact that the Department has no authority to lower the tax.

 

TRUMP: INVESTIGATIONS & LITIGATION

On Twitter, President Trump called for Attorney General Jeff Sessions to immediately conclude the special counsel investigation into Russian interference (NYT, WSJ, WaPo).

The trial of Paul Manafort for bank and tax fraud is continuing with witnesses for the prosecution discussing Manafort’s spending on luxury goods (NYT, Politico, WaPo).

  • The Hill reports that the presiding judge requested prosecutors to cease using the term “oligarchs” to refer to the Ukrainians who paid Manafort.
  • Autumn Brewington at Lawfare explores how Russia permeates the trial despite the ban on such references to the nation.
  • Politico discusses how President Trump’s aides are avoiding commenting on the trial.
  • Politico further reports that President Trump is claiming the trial has “nothing to do with collusion”

Prosecutors in Paul Manafort’s trial are signaling that Manafort’s former associate, Richard Gates, may not be called as a witness (The Hill).

Special counsel Robert Mueller is offering to limit questions for President Trump in order to get an interview with the President (WaPo). 

In tension with President Trump’s recent comments, the Department of Justice has in the past explicitly called collusion a crime, writes Ryan Goodman at Just Security.

 

IMMIGRATION 

The Trump Administration is contemplating significantly reducing for a second time the number of refugees to be resettled in the United States (WSJ, NYT).

Ending the government’s practice of including spouses and children when calculating green card limits could increase legal immigration, writes David Bier at Cato at Liberty

The federal government is preventing immigrants transferred to federal prisons from practicing their religions, argue Victoria López and Heather L. Weaver at the ACLU blog. 

The Ninth Circuit ruled that the Trump Administration cannot constitutionally withhold federal aid to sanctuary cities (LA Times, WSJ).

 

CIVIL RIGHTS 

Claims that the State Department’s prohibition of publishing schematics for 3-D printed guns and the temporary restraining order maintaining that prohibition violate the First Amendment are mistaken, writes Marty Lederman at Balkinization.

Several Democratic governors are warning the Department of Health & Human Services that they may leave the Title X family planning program if the Department institutes rules forbidding referrals for abortion services (Reproductive Rights Prof Blog).

 

DEMOCRACY

Congress must more aggressively address foreign threats to American elections, argues Jim Johnson at Just Security.

Facebook executives will once more face questioning from the Senate, this time concerning the discovery a new disinformation campaign targeting the midterm elections (The Hill).

A victory for President Trump in the litigation over his recission of national monument designations would have profound implications for the interpretation of presidential power in other federal statutes, writes Eric Biber at Legal Planet.

Supreme Court nominee Brett Kavanaugh’s history on the D.C. Circuit suggests that he could serve as a decisive vote to weaken campaign finance laws, discusses Daniel I. Weiner at the Brennan Center for Justice.

Press briefings under the Trump Administration are increasingly rare, notes Jason Schwartz at Politico.


JUSTICE & SAFETY

Chinese leaders are strategizing about how to take advantage of a new international order without United States leadership, writes Timothy R. Heath at Lawfare

A new Defense Department plan advises the Trump Administration to reduce the number of American troops in Africa (NYT).

 

REGULATION

The Trump Administration made it easier to enroll in low-coverage short-term health plans, which some claim offer no real protection for policyholders. The move may be just another attack on the Affordable Care Act (WaPo, Politico).

President Trump asked the Treasury Department to investigate lowering the capital gains tax, despite the fact that the Department has no authority to lower the tax (Politico).

Tensions continue to rise between the U.S. and China, and in response the Trump Administration is considering a 25% tariff on Chinese goods (NYT, WSJ).

The Office of Accountability and Whistleblower Retaliation has done little to protect whistleblowers and is instead captured by the very bad actors the office investigates, notes Rebecca Jones at the Project on Government Oversight.

 

CHECKS & BALANCES 

Congressional censure is not a legitimate tool to rebuke the President, only impeachment can serve that purpose, argues Don Wolfensberger on The Hill.

 

RUSSIAN INTERFERENCE

To protect national security interest, Congress must fund necessary improvements to election infrastructure and act to prevent attacks on state and municipal elections, argues Jim Johnson on Just Security.

Maria Butina’s efforts show that Russian spying is no longer built on secrecy, but on information and influence, claims Alex Finley at Politico.

 


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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