Nicandro Iannacci  //  8/27/19  //  Daily Update


The House Judiciary Committee subpoenaed former White House aide Rob Porter to testify about President Trump’s efforts to obstruct the Russian investigation. The Trump administration asked the Supreme Court for an emergency stay in order to enforce a new rule on asylum that would bar migrants from applying for asylum in the U.S. if they passed through another country first. California announced that a group of states and D.C. will sue the Trump administration over a new rule allowing the expansion of child and family detention. FEC Commissioner Matthew Peterson resigned, leaving the commission without a quorum and unable to take official action. Federal prosecutors will pursue the death penalty for the alleged Pittsburgh synagogue shooter, just one month after DOJ announced it would resume executions. President Trump offered to host the next G7 meeting at his golf resort in Doral, FL, raising the spectre of an Emoluments Clause violation.

 

TRUMP: INVESTIGATIONS & LITIGATION

The House Judiciary Committee subpoenaed former White House aide Rob Porter to testify about President Trump’s efforts to obstruct the Russian investigation (NYT, WaPo, WSJ, POLITICO).

 

IMMIGRATION 

The Trump administration asked the Supreme Court for an emergency stay in order to enforce a new rule on asylum that would bar migrants from applying for asylum in the U.S. if they passed through another country first (SCOTUSblog, WSJ).

  • The stay application is here.

California announced that a group of states and D.C. will sue the Trump administration over a new rule allowing the expansion of child and family detention (WaPo, POLITICO).

ICE shut down a national hotline for detained immigrants after it was featured on the Netflix show “Orange Is the New Black” (WaPo, Hollywood Reporter).

Citing President Trump’s pardon, former Maricopa County Sheriff Joe Arpaio announced that he will seek another term as sheriff (NYT, WaPo).

 

DEMOCRACY

FEC Commissioner Matthew Peterson resigned, leaving the commission without a quorum and unable to take official action (Election Law Blog, WaPo, The Hill, Center for Public Integrity).

Close allies of President Trump are pursuing an aggressive campaign to discredit news organizations deemed hostile to the president (NYT).

 

JUSTICE & SAFETY

DOJ is nearing a decision on whether to indict former Deputy FBI Director Andrew McCabe for lying to federal agents about disclosure of information related to an investigation into the Clinton Foundation (NYT, WaPo).

Federal prosecutors will pursue the death penalty for the alleged Pittsburgh synagogue shooter, just one month after DOJ announced it would resume executions (NYT, WSJ).

Many entry-level and mid-level State Department officers have resigned under President Trump, including Bethany Milton, who writes about her experience at The New York Times.

Congress should amend existing law to restrain President Trump’s use of emergency powers, writes Michael Dorf at Dorf on Law.

We should blame the president, not our laws, for his abuse of emergency powers, writes Joshua Geltzer at Just Security.

It would be foolish to obey AG Bill Barr’s request for companies to weaken encryption systems in consumer devices for criminal investigations, writes Bruce Schneier at Lawfare.

 

CONFLICTS OF INTEREST

President Trump offered to host the next G7 meeting at his golf resort in Doral, FL, raising the spectre of an Emoluments Clause violation (NYT, WaPo, The Hill).

Former energy lobbyist and current Secretary of the Interior David Bernhardt delivered a win for his old colleagues when he announced rollbacks to the Endangered Species Act, write Linnaea Honl-Stuenkel and Lauren White for CREW.

 

REGULATION

DEA announced that it will expand the number of federally approved marijuana growers for scientific and medical research purposes (The Hill, WSJ).

 

RUSSIAN INTERFERENCE

The Senate’s investigation into Russian interference and Special Counsel Robert Mueller’s congressional testimony shows that the U.S. is at war with Russia, write Alex Pascal and Tim Hwang at Just Security.

 


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