Caroline Cox, Derek Reinbold  //  8/22/17  //  Daily Update


The Trump administration is working with local sheriffs and law enforcement on new strategies to move undocumented immigrants from local jails to federal custody. Steve Bannon’s exit from the White House was delayed and heavily negotiated in light of the violence in Charlottesville. Recent polling shows a majority of Americans disapprove of President Trump’s response to the deadly protests in Charlottesville. President Trump has agreed to a new strategy for Afghanistan that will likely result in thousands more U.S. troops in the region.

 

SYMPOSIUM

This week, Take Care will host a symposium on Congress’s Constitution, in which contributors will assess Congress’s role in the separation of powers, with a particular emphasis on developments in the Trump administration (Take Care).

 

IMMIGRATION

Hundreds of migrants die each year attempting to cross into the United States from Mexico, and volunteers are working to recover their missing bodies, writes Alex Hannaford at the Guardian.

The Trump administration is working with local sheriffs and law enforcement on new strategies to move undocumented immigrants from local jails to federal custody, reports Caitlin Dickerson at the New York Times.

The 5,000 new Border Patrol agents President Trump promised to hire have yet to materialize, writes Joseph Tanfani at the Los Angeles Times.

 

CIVIL RIGHTS

Steve Bannon’s exit from the White House was delayed and heavily negotiated  in light of the violence in Charlottesville, report Jeremy W. Peters and Maggie Haberman at the New York Times.

After the events in Charlottesville, the support among some on the left for the Department of Homeland Security’s Countering Violent Extremism” (CVE) program is misguided, argues Patrick G. Eddington at the Cato Institute.

 

DEMOCRACY 

Small donors offer President Trump a security blanket as he balances historically low approval ratings with record-breaking fundraising (Bloomberg).

Recent polling shows a majority of Americans disapprove of  President Trump’s response to the deadly protests in Charlottesville (WaPo).

The fact that many noncitizens are gaining the right to vote across the country is a victory for democracy, argues Joshua A. Douglas at the Washington Post.

The Brennan Center for Justice has filed suit against the Trump administration that seeks to make records of the Election Integrity Commission public (Brennan Center). .

 

JUSTICE & SAFETY

The U.S. Navy is conducting a fleet-wide safety review after another collision occurred in the Pacific this week (LA Times). 

President Trump has agreed to a new strategy for Afghanistan that will likely result in thousands more U.S. troops in the region (NYT, Politico).

 The Trump administration used the maelstrom around Charlottesville to sneak out its proposed and controversial policy on expanding the U.S. prison at Guantanamo, explains Joseph Margulies at Justia.

The United States and South Korea have begun their annual joint military exercises despite the growing tensions with North Korea (NYT).

Under Attorney General Jeff Sessions’ leadership, policies considered part of the War on Drugs are favored again, argues Lois Beckett at the Guardian.

Stories about attacks against U.S. diplomats in Cuba is neither as extreme nor as indicative of U.S.-Cuban relations as it may seem, writes John Sipher at Just Security.

Federal law should treat the crime of domestic terrorism on the same level as it does international terrorism, argues Mary B. McCord at Lawfare.

The Trump administration has publicly opposed the United Nations plans to make public a list of international firms conducting business in Israeli settlements (WaPo).

 

CONFLICTS OF INTEREST

While business has fallen off at some Trump entities, Republican committees have spent more than $1.3 million at Trump properties this year (WaPo).

The Secret Service cannot pay to protect President Trump and his large family as the agency has already hit its caps for salary and overtime allowances (CNN, LATimes).

 

REGULATION

18 attorneys general filed an amicus brief in support of the employees in NLRB v. Murphy Oil, which challenges the legality of arbitration agreements under the NLRA and Federal Arbitration Act, writes Melissa Greenberg at OnLabor.

Alan Schmid, the founder of modern day benefit-cost analysis, passed away in May, writes Jim Tozzi at Notice & Comment.

 

RULE OF LAW

Supreme Court Justice Neil Gorsuch’s speaking arrangement at the Trump International Hotel undermines the Supreme Court’s integrity, argues the St. Louis Post-Dispatch Editorial Board.

 

CHECKS & BALANCES

The Supreme Court is excessively deferential to presidential invocation of “national security”, writes Dr. Caroline Poplin at ACS Blog.

 

RUSSIAN INTERFERENCE

Congressional inquiries related to Russian interference gain significance as speculation continues about President Trump’s plans to end Robert Mueller’s investigation; Faiza Patel, at Just Security, offers 20 questions for the investigators.

When investigating a businessperson like President Trump, you have to follow the money, writes Adam Davidson in a lengthy analysis of President Trump’s business dealings for the New Yorker.

Donald Trump Jr. is in Robert Mueller’s crosshairs, as the special counsel tries to determine Trump Jr.’s intent when attended the controversial June, 2016 meeting with a Russian lawyer (Buzzfeed).

Rinat Akhmetshin, a Russian immigrant who met last summer with senior Trump campaign officials, is under scrutiny by special counsel Robert Mueller, and has deeper ties to the Russian government than previously known (NYT).


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