Hetali Lodaya  //  8/6/19  //  Daily Update


DOJ lawyers were questioned during a FOIA hearing as to why at least some of the Mueller Report should not be released to the public. Government whistleblowers are increasingly being monitored and then charged under the Espionage Act, even if they are not spies. Mass shootings occurred in both El Paso, TX and Dayton, OH over the weekend; the El Paso shooter posted an anti-immigrant message online prior to the shooting.

 

TRUMP: INVESTIGATIONS AND LITIGATION

DOJ lawyers were questioned during a FOIA hearing as to why at least some of the Mueller Report should not be released to the public. (The Hill)

 

IMMIGRATION

The Supreme Court’s order allowing the Trump Administration to use allocated military funding for border wall construction is a sign of how far they will go to give the government what it asks for, writes Cristian Farias at The New Yorker.

 

CIVIL RIGHTS

Government whistleblowers are increasingly being monitored and then charged under the Espionage Act, even if they are not spies, writes Micah Lee at The Intercept.

 

DEMOCRACY

Republicans have filed a lawsuit arguing that gerrymandering is protected by the First Amendment. (Slate)

Conservative group Judicial Watch has filed a lawsuit to block a California law that would require the release of the President’s tax returns for him to appear on the 2020 ballot. (Reuters)

 

JUSTICE & SAFETY

Mass shootings occurred in both El Paso, TX and Dayton, OH over the weekend; the El Paso shooter posted an anti-immigrant message online prior to the shooting. (NYT, Politico)

The language used by the El Paso shooter echoes the President’s, write Peter Baker and Michael Shear at NYT.

Democrats are urging Senate Leader Mitch McConnel to end the August recess so that the Senate can vote on a gun reform measure that has passed the House. (NBC)

 

CHECKS & BALANCES

After indicators of Congressional support seemed lukewarm, John Ratcliffe has been withdrawn as the President’s candidate for Director of National Intelligence. (Politico)

 

RULE OF LAW

The President’s use of Twitter and a recent Second Circuit ruling mean that we have to start thinking about the public utility dimensions of social media, writes K. Sabeel Rahman at Take Care.


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