Caroline Cox, Ian Eppler  //  8/24/17  //  Daily Update


President Trump held a campaign rally in Phoenix during which he threatened a government shutdown if Congress does not fund a wall along the Mexican border. The Trump Administration announced that it will withhold almost $100 million in aid to Egypt in response to that country’s human-rights abuses and support for North Korea. And Congressional investigators have discovered an email in which a Trump campaign official discussed attempts to set up a meeting between the campaign and Russian President Vladimir Putin.

 

SYMPOSIUM

This week, Take Care is hosting a symposium on Congress's Constitution—an important new book by Josh Chafetz. Contributors will assess Congress's role in the separation of powers, with a focus on developments thus far under President Trump.

  • A round-up of the posts is here.
  • The constitutional structure creates incentives for individual members of Congress to oppose even the chief executive of their own party, writes Victoria Nourse. 
  • Congress must take steps to engage with the public in order to match the power of the president’s bully pulpit, argues Kate Shaw.

 

IMMIGRATION

During his rally in Arizona, President Trump threatened a government shutdown if Congress does not finance the construction of a Mexican border wall (NY TimesWaPo, LA Times).

  • The Arizona crowd’s reception of President Trump’s speech was lukewarm, reports Jenna Johnson at The Washington Post.
  • President Trump’s challenge to Congress on border funding faces fierce opposition but may be necessary for the president to appease his base (NY Times).

 

CIVIL RIGHTS

President Trump’s minimization of the events in Charlottesville reflects the same sort of minimization of racism found in the Supreme Court’s recent opinions in cases such as Shelby County v. Holderargue Leah Litman and Helen Klein Murillo in Take Care.

A body of UN experts condemned President Trump’s response to the events in Charlottesville (NY Times).

Lambda Legal is suing the Trump administration to release documents related to the reversal of the administrative guidance that permits transgender students to use the bathroom corresponding with their gender identity (The Hill).

 

DEMOCRACY

President Trump, in his Arizona rally, strongly criticized the press, alleging that it has distorted his words (NY Times).

President Trump’s attacks on the press threaten national securityargues Carrie Cordero at Law Fare.

 

JUSTICE & SAFETY

The newly announced strategy for the war in Afghanistan repeats historical mistakes and continues America’s “forever war,” writes Emma Ashford at Cato at Liberty.

President Trump remains a risk to national securityargues Benjamin Wittes at Lawfare.

The U.S. Navy removed from duty the commander of the Navy’s 7th Fleet, which has had several recent collisions in the Pacific (WSJWaPo).

National Security Adviser H.R. McMaster has coordinated greater involvement of the National Security Council in Jared Kushner’s Middle Eastern diplomacy projectsreports Annie Karni at Politico.

The United States has requested that the autonomous Kurdish region of Iraq delay an upcoming referendum on independence (NY Times).

International law is not a guiding force in President Trump’s new Afghanistan strategyargues Gabriella Blum at Lawfare.

The Trump administration is denying Egypt almost $100 million in aid and delaying $195 million in military funding because of the country’s links to North Korea and its human-rights record (NY Times).

The White House will host Malaysian Prime Minister Najib Razak despite the leader’s recent billion-dollar corruption scandal (NY Times).

 

CONFLICTS OF INTEREST

Justice Neil Gorsuch’s upcoming speech at the Trump Hotel does not pose ethical concernsargues Jonathan Adler at Volokh Conspiracy.

After a lawsuit, the Secret Service has agreed not to delete White House visitor log data (Politico).

 

REGULATION

A federal judge has blocked an Equal Employment Opportunity Commission rule permitting employers to charge increased health insurance premiums to employees who do not participate in wellness programsreports Nick Bagley in Take Care.

The Federal Trade Commission will not block a proposed merger between Whole Foods and Amazon (Ars TechnicaWaPo).

An environmental organization has sued the Environmental Protection Agency over its failure to respond to a Freedom of Information Act request regarding its deregulatory task force (The Hill).

Several members of President Trump’s National Infrastructure Advisory Council resigned (The Hill).

 

CHECKS & BALANCES

President Trump’s threat to shut down the government by vetoing any budget bill that does not include border wall funding could disrupt delicate negotiationsreport Mike DeBonis, Elise Viebeck, and Damian Paletta in the Washington Post.

 

FEDERALISM

A bipartisan group of 67 former state attorneys general criticized President Trump’s response to the events in Charlottesville (ACS Blog).

 

RUSSIAN INTERFERENCE

Congressional investigators have located an email from Trump campaign aide Rick Dearborn in which he referenced efforts to arrange a meeting between Trump campaign officials and Vladimir Putin (CNN).


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