Mackenzie Walz  //  8/30/19  //  Daily Update


The DOJ released a report stating that Former FBI director James Comey’s handling of the memos detailing his conversations with President Trump violated FBI policies. A federal judge denied the House Democrats’ effort to expedite their lawsuit over their request for President Trump’s tax returns. USCIS eliminated the “deferred action” program, which permitted immigrants to avoid deportation if they or their relatives were undergoing lifesaving medical treatment. The Pentagon officially established the US Space Command to ensure American dominance in space, which President Trump declared as crucial to the country’s national security and defense. The EPA announced its plan to roll back an Obama Administration climate regulation on methane gas emissions from the oil and gas industry.

 

PODCAST

The Trump Administration has frequently been appealing district court decisions directly to the Supreme Court through emergency requests, discuss Charlie Gerstein and Jason Harrow on the Versus Trump Podcast for Take Care.

 

TRUMP: INVESTIGATIONS AND LITIGATION 

The DOJ released a report stating that Former FBI director James Comey’s handling of the memos detailing his conversations with President Trump violated FBI policies (WaPo; NPR).

  • The report is available here.
  • Lawfare breaks down key parts of the report here.

New York officials filed a motion to dismiss President Trump’s legal challenge to the state law allowing the chairmen of select Congressional committees to request public officials’ state tax returns (The Hill).

A federal judge denied the House Democrats’ effort to expedite their lawsuit over their request for President Trump’s tax returns (The Hill).

 

IMMIGRATION

USCIS eliminated the “deferred action” program, which permitted immigrants to avoid deportation if they or their relatives were undergoing lifesaving medical treatment (NYT).

The Trump Administration has reinterpreted a 2008 agreement with Vietnam in order to expand the number of protected refugees it can deport, discusses Charles Dunst for Just Security.

DHS’s distinction between UAC’s and accompanied minors aligns with the history and structure of the Flores Settlement Agreement and will likely receive judicial deference, contends Peter Marguiles for Lawfare.

The DHS policy restricting automatic conferral of US citizenship to some children born to active service members abroad will likely have a limited impact (NYT).

 

DEMOCRACY

President Trump renewed his assertions of voter fraud, which has some Republicans concerned confidence in the 2020 election will be undermined, discusses Amy Gardner for The Washington Post.

 

JUSTICE & SAFETY

The Pentagon officially established the US Space Command to ensure American dominance in space, which President Trump declared as crucial to the country’s national security and defense (WaPo; POLITICO).

President Trump requested a review of the Ukraine Security Assistance Initiative, delaying the release of funding many argue is critical to keeping Russia out of the country (POLITICO)

President Trump announced the US is close to reaching a deal with the Taliban and plans to withdraw more than 5,000 troops from the region (WaPo; POLITICO).

 

REGULATION

The EPA announced its plan to roll back an Obama Administration climate regulation on methane gas emissions from the oil and gas industry (WaPo; Legal Planet; NPR).


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