Daily Update | August 27, 2018
Nicandro Iannacci, Ian Eppler // 8/27/18 //
Allen Weisselberg, chief financial officer of the Trump Organization, received immunity as part of the federal investigation into campaign finance violations by the Trump campaign. In a series of tweets and statements, President Trump attacked Attorney General Jeff Sessions and suggested that he investigate the “other side.” Sessions responded with a statement declaring that the Justice Department would not be influenced by political considerations. In response to a formal complaint of discrimination from HUD, Facebook will remove more than 5,000 targeting categories for advertisers. President Trump canceled a trip to North Korea by Secretary of State Mike Pompeo, citing a lack of progress in negotiations. A federal district judge blocked several provisions of an executive order by President Trump that purported to curtail the collective bargaining rights of federal employees and limit civil service protections.
TRUMP: INVESTIGATIONS & LITIGATION
Allen Weisselberg, chief financial officer of the Trump Organization, received immunity as part of the federal investigation into campaign finance violations by the Trump campaign (NYT, Politico, WaPo, WSJ).
- Weisselberg’s cooperation provides insight into how Michael Cohen violated election laws, argues Philip Bump at the Washington Post.
- Weisselberg has kept a low profile, but played a critical role in the Trump Organization for years, reports Michael Kruse in Politico.
In an interview, President Trump criticized Michael Cohen and the Justice Department and suggested that plea agreements that involve cooperation with the government should be illegal (NYT, WSJ).
- “Flipping” defendants raises due process concerns, but not for the reasons President Trump suggests, suggests Ken White in the Washington Post.
In a series of tweets and statements, President Trump attacked Attorney General Jeff Sessions and suggested that he investigate the “other side.” Sessions responded with a statement declaring that the Justice Department would not be influenced by political considerations (LAT, Politico, WaPo, WSJ).
- Firing Sessions would be the “first domino to fall” in the DOJ’s investigation of Russian election interference, said Senator Jeff Flake (R-Ariz.) (Politico).
- Sessions possesses a “quaint faith in the rule of law,” argues Dana Milbank in the Washington Post.
- President Trump may bluster, but Sessions has likely shielded himself against firing, contends Michael McGough in the Los Angeles Times.
Several Trump aides have urged him not to pardon his former campaign manager Paul Manafort, but they expect him to “go rogue” and do so anyway (Politico).
- Paula Duncan, a juror in Manafort’s trial and a Trump supporter, said that pardoning Manafort would be a “grave mistake” (WaPo).
- The Special Counsel shortened its estimate for the length of Manafort’s second trial, set to begin on September 17 in Washington, DC (Politico).
Coverage of former Trump attorney Michael Cohen’s guilty plea continued.
- The plea revealed that Cohen received a $100,000 payment from a company owned by the Qatari royal family, report Mark Maremont and Rob Barry in the Wall Street Journal.
- House Democrats sought a briefing from the Justice Department on any ongoing investigation related to Cohen’s plea (Politico).
- President Trump’s Twitter statement that Cohen’s conduct was not a crime raises questions about presidential power to interpret the law for the executive branch, suggests Jim Baker at Lawfare.
- Trump’s claim that Cohen’s conduct was not criminal is wrong, argues former Federal Election Commission chairman Trevor Potter in the Washington Post.
- Cohen’s conviction is a cautionary tale for lawyers who may be tempted to violate their ethical obligations for powerful clients, writes Laurie Levenson in the Washington Post.
- Six election law experts share their thoughts on the Cohen prosecution with Matt Kwong of the CBC.
Special Counsel Robert Mueller’s career indicates that he leads “aggressive investigations marked by adherence to precedent and higher office,” reports Matt Apuzzo in the New York Times.
A lifelong “wall of secrecy” surrounding President Trump’s conduct is eroding with the conviction of Michael Cohen and the cooperation of his longtime associates David Pecker and Allen Weisselberg, write David Fahrenthold, Josh Dawsey, and Rosalind Helderman in the Washington Post.
Three illegal acts helped Trump win the presidency, argues Philip Bump in the Washington Post.
By daring the nation to find evidence of “collusion,” which is not defined in the federal criminal code, President Trump is trying to minimize and trivialize the turmoil around him, writes Julie Hirschfeld Davis in the New York Times.
- The investigation by the Southern District of New York is the biggest threat to the president, not the Mueller probe, said retired Harvard Law professor and informal Trump adviser Alan Dershowitz (WaPo).
IMMIGRATION
The Trump administration filed a notice to appeal a federal judge’s preliminary injunction against family separation at the border (LAT).
CIVIL RIGHTS
In response to a formal complaint of discrimination from HUD, Facebook will remove more than 5,000 targeting categories for advertisers (Disability Scoop).
DEMOCRACY
President Trump again criticized social media companies for allegedly “silencing” conservative or controversial voices (The Hill, Reuters).
The DOJ charged 19 foreign-born individuals with voting illegally in the 2016 election (NYT, Politico, AP).
JUSTICE & SAFETY
President Trump canceled a trip to North Korea by Secretary of State Mike Pompeo, citing a lack of progress in negotiations (NYT, WaPo, WSJ, LAT, Politico).
The Trump administration announced that it will not spend more than $200 million allocated for Palestinian aid in the West Bank and Gaza (NYT, WaPo, WSJ, LAT).
A new analysis finds that the U.S.-backed coalition in Yemen is failing to investigate alleged war crimes (WaPo).
- The report by Human Rights Watch is here.
Technology companies are increasing their cybersecurity efforts, but the Trump administration appears unengaged (WaPo).
- The government’s focus on its own defenses ignores the widening scope of cyber warfare, writes Christopher Porter at Lawfare.
Pakistan denied any discussion of “terrorists operating” within its borders during a call between Prime Minister Imran Khan and Secretary Pompeo (Reuters).
Sanctions against Russia for a nerve agent attack in Britain last spring will go into effect on Monday (WaPo).
The Trump administration called El Salvador’s decision to cut diplomatic ties with Taiwan a “grave concern” and criticized China’s effort to influence countries through “economic dependency” (WaPo).
REGULATION
A federal district judge blocked several provisions of an executive order by President Trump that purported to curtail the collective bargaining rights of federal employees and limit civil service protections (NYT, Politico, The Hill).
- The opinion is here.
RULE OF LAW
President Trump’s criticism of the Justice Department and the criminal justice system threaten to erode the rule of law, argue Michael Shear and Katie Benner in the New York Times.
CHECKS & BALANCES
The passing of Senator John McCain (R-Ariz.) marks a new era for congressional checks on President Trump, writes Karoun Demirjian in the Washington Post.
One Senate Republican could authorize release of President Trump’s tax returns, writes George Yin in Politico.
The Constitution does not differentiate presidential powers based on the president’s status, so the Senate should consider President Trump’s nomination of Brett Kavanaugh to the Supreme Court despite the investigations surrounding the president, argues Jason Mazzone at Balkinization.
REMOVAL FROM OFFICE
The challenges of the impeachment process mean that the only check on President Trump will likely be political, argues Oona Hathaway at Just Security.
By impeaching the president, Republicans can save their party as well as the nation, writes Tom Steyer in the Wall Street Journal.
Tags:
Immigration Rule of Law Checks & Balances Regulation Democracy Civil Rights Justice & Safety Removal from Office