Daily Update | August 28, 2018
Zak Lutz // 8/28/18 //
A little-watched case could prevent Robert Mueller from releasing grand jury information or even presenting that information to Congress. The U.S. District Court for the Western District of Washington agreed to block the printing of 3D-printed guns until the case, filed by 19 states against the Trump Administration, is resolved. Yesterday, the Second Circuit heard arguments in United States v. Hasbajrami, a case about whether the Foreign Intelligence Surveillance Act constitutionally allows mass data collection. The DEA’s prohibitionist approach to drug policy has made the opioid crisis worse by unintentionally forcing doctors to make larger initial prescriptions. The Trump Administration announced a preliminary agreement with Mexico--but not with Canada--for a renegotiated NAFTA. Seth Frotman, the student loan ombudsman at the CFPB, resigned, claiming that the Trump Administration is harming students. The Trump Administration announced six new federal judge nominations.
TRUMP: INVESTIGATIONS AND LITIGATION
A little-watched case could prevent Robert Mueller from releasing grand jury information or even presenting that information to Congress, explains Josh Gerstein at Politico.
The Manafort verdict strengthens Robert Mueller’s case in the forthcoming trial, argues Lydia Wheeler in The Hill.
IMMIGRATION
A federal judge allowed a lawsuit that challenges the Trump Administration’s practice of turning away border asylum seekers to proceed (ImmigrationProfBlog).
CIVIL RIGHTS
The U.S. District Court for the Western District of Washington agreed to block the printing of 3D-printed guns until the case, filed by 19 states against the Trump Administration, is resolved (Ars Technica, The Hill, How Appealing, LAT, NYT, WaPo, WSJ).
Yesterday, the Second Circuit heard arguments in United States v. Hasbajrami, a case about whether the Foreign Intelligence Surveillance Act constitutionally allows mass data collection (Just Security)
CONFLICTS OF INTEREST
The FCC’s internal watchdog found that FCC Chairman Ajit Pai did not show any favoritism toward Sinclair Broadcasting Group in reviewing a now-abandoned merger (The Hill).
JUSTICE & SAFETY
The DEA’s prohibitionist approach to drug policy has made the opioid crisis worse by unintentionally forcing doctors to make larger initial prescriptions, argues Jeffrey Singer at the Cato Institute.
The military judge overseeing the trial of five men accused of conspiring to carry out the 9/11 attacks retired, explicitly stating that he was not pushed to retire, and named his replacement (The Hill).
- The notice can be found here.
REGULATION
The Trump Administration announced a preliminary agreement with Mexico--but not with Canada--for a renegotiated NAFTA (Cato, LAT, NYT, Politico, WaPo, WSJ)
- The agreement would increase environmental protections (Legal Planet).
Seth Frotman, the student loan ombudsman at the CFPB, resigned, claiming that the Trump Administration is harming students (NYT, WSJ).
The Trump Administration’s proposed regulation that would require cost-benefit analysis of EPA rules could improve agency rulemaking or could ignore potential environmental costs, debates a colloquium at The Regulatory Review.
- The need for a new cost-benefit analysis model is questionable, argues Lisa Robinson.
- The EPA is changing the regulatory paradigm, claims Patrick Michaels at the Cato Institute.
The Trump Clean Energy Plan relies excessively on coal power, argues Michael C. Dorf at Dorf on Law.
- The plan will probably not have any effect until after the 2020 presidential election, explains Dan Farber at LegalPlanet.
Thirteen Democratic members of Congress asked the Federal Trade Commission--after the FCC recently eliminated net neutrality rules--to investigate Verizon’s throttling of the Santa Clara County Fire Department (Ars Technica).
A collection of internet companies asked the D.C. Circuit to reinstate net neutrality rules recently repealed by the FCC (Reuters).
The Department of Agriculture is trying to undermine its Economic Research Service by relocating its employees, argues that Susan Offutt in The Hill.
RULE OF LAW
Rudy Giuliani should be stripped of his New York bar license for violating the rules of professional ethics, argue Ian Bassin and Deana El-Mallawany on Take Care.
The Trump Administration announced six new federal judge nominations (LAT, Wash. Times).
- The official press release is available here.
The proposed Space Force is constitutional under an originalist interpretation of the Constitution, argues Ilya Somin in Reason.
Judge Preska, in the Southern District of New York, will allow the CFPB to appeal her ruling that held the CFPB’s “single-director-only-removable-for-cause structure” was unconstitutional (Consumer Finance Monitor).
REMOVAL FROM OFFICE
Republicans can save their party by removing President Trump from office, argues Tom Steyer in the Wall Street Journal.
RUSSIAN INTERFERENCE
U.S. sanctions against Russian took effect and cast doubt over efforts towards collaboration between the two countries (Just Security).
First Amendment protections could complicate future prosecutions for Russian collusion, argues Andy Wright in Just Security.
Tags:
Immigration Rule of Law Conflicts Regulation Civil Rights Justice & Safety Removal from Office Russian Interference