Ari Hoffman, Sarah Mahmood  //  8/21/17  //  Daily Update


The events in Charlottesville may have implications for various Trump brands. Treasury Secretary Steve Mnuchin has refused to resign. DOJ continues to support the position that websites are covered by Title III of the American Disabilities Act. And President Trump has decided on a new strategy regarding Afghanistan.

 

CONFLICTS OF INTEREST

The events in Charlottesville may have implications for various Trump brands (Newsweek). 

  • Meanwhile, many charities are pulling out of booking events at Mar-a-Lag.

A broad reading of the emoluments clause might present problems for Richard Blumenthal, who has spearheaded the emoluments effort against President Trump, asserts Jonathan Adler at the Volokh Conspiracy.

Blackstone has reaped rewards from C.E.O. Stephen Schwarzman’s consistent support for President Trump (NYT).

 

REGULATION

The EPA promised farming industry executives that it would be “a new day” at the industry before rejecting a ban on a potentially harmful pesticide (NYT).

Treasury Secretary Steve Mnuchin has refused to resign, despite urging from his Yale classmates and Jewish critics.

 

RULE OF LAW

There are distinct challenges involved in prosecuting domestic terrorism, notes Scott Sullivan at Just Security.

President Trump is a ‘solitary’ rather than a ‘unitary’ executive, explains Josh Blackman at Lawfare.

 

REMOVAL FROM OFFICE

The New York Times takes stock of the “Failing Presidency” of Donald Trump.

  •  Frank Bruni argues that President Trump has, for all intents and purposes, already abidicated the position.

Meanwhile, what is the fate of Bannon’s agenda with him out of the White House and back at Breitbart?

  • Matthw Continetti argues that this might all be much ado about very little.
  • The Wall Street Journal cheers Bannon’s departure as step towards a better functioning Administration.
  • In The Washington Post, Hugh Hewitt agrees.

Politico looks back at yet another “worst week” of Trump’s presidency.

 

CIVIL RIGHTS

The Constitution does not protect the right of armed groups to protest in a manner that intimidates and chills the speech of their targets, reasons Michael Dorf at Take Care.

DOJ continues to support the position that websites are covered by Title III of the American Disabilities Act, based on a recently filed amicus brief, explains Eve Hill at Take Care.

The Trump Administration should reinvest in programs targeting right-wing extremism, writes Chris Meserole at Lawfare.

DOJ should consider charging the white supremacist groups involved in Heather Heyer’s murder in Charlottesville with providing “material support” to terrorists, argues Scott Sullivan at Just Security.

 

DEMOCRACY

Voting rights are the civil rights issue of our time (WaPo).

Expanding voting rights for legal non-citizens in local elections in some communities is a vibrant way of expanding democracy, argues Joshua Douglas (WaPo).

 

JUSTICE & SAFETY

President Trump has decided on a new strategy regarding Afghanistan, according to Defense Secretary Jim Mattis (NYT).

  • More details are anticipated on Monday night, when President Trump addresses the military from Fort Myer (WaPo).
  • The United States can only advance its interests by reducing troops or withdrawing completely, argues Barry Posen at The Atlantic.

President Trump’s cozy relationships with Saudi Arabia and the UAE are inappropriate because those two nations are responsible for the food and cholera crises in Yemen, writes Jackson Diehl in the Washington Post.


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