Hetali Lodaya  //  8/7/19  //  Daily Update


The Administration has been sued over its new expansion of the “fast track removal” program, which was previously limited to a physical zone 100 miles near the border. Former Special Agent Peter Strzok, who was fired over a series of text messages, has sued Attorney General Barr and FBI Director Christopher Wray. A district court judge has dismissed one of two charges against Gregory Craig, former Obama White House Counsel, brought in connection with findings in the Mueller investigation. A top climate scientist has left the Department of Agriculture after, he says, his research was questioned by department officials and media coverage of his findings was suppressed.

 

TRUMP: INVESTIGATIONS AND LITIGATION 

A district court judge has dismissed one of two charges against Gregory Craig, former Obama White House Counsel, brought in connection with findings in the Mueller investigation. (The Hill)

The DOJ has filed an amicus brief in Trump v. Mazars, where the President is challenging the House Committee on Oversight and Reform’s subpoenas for his financial documents. (Lawfare)

  • The brief makes a number of untenable legal arguments, writes Mark Joseph Stern at Slate.

Former Special Agent Peter Strzok, who was fired over a series of text messages, has sued Attorney General Barr and FBI Director Christopher Wray. (Lawfare)

 

IMMIGRATION

Since January, the President’s reelection campaign has been using Facebook Ads to further push the idea of an “invasion” at the southern border. (NYT)

The Administration has been sued over its new expansion of the “fast track removal” program, which was previously limited to a physical zone 100 miles near the border. (Immigration Prof Blog)

  • The complaint is here.

The Supreme Court’s order, which will functionally allow border wall construction to go forward, is an ominous sign, writes Dan Cotter at Chicago Law Review.

 

DEMOCRACY

Iran’s Foreign Minister says that he was sanctioned after refusing an invitation to visit the White House. (The Hill)

 

JUSTICE & SAFETY

The Trump Administration has promised to support El Paso, but his campaign committee has yet to pay police and public safety bills it owes to the city from a rally on February 11. (Center for Public Integrity)

 

REGULATION

A top climate scientist has left the Department of Agriculture after, he says, his research was questioned by department officials and media coverage of his findings was suppressed. (Politico)

 

CHECKS & BALANCES

The President’s next nomination for Director of National Intelligence should be properly scrutinized, with the awareness that they will brief the 2020 Democratic presidential candidate, writes Katrina Mulligan at Just Security.

CREW notes that Kellyanne Conway may have again violated the Hatch Act with a tweet criticizing Nikki Haley. (Newsweek}

 

RULE OF LAW

Candidates should be careful how they phrase statements indicating the President should go to jail, writes Neil H. Buchanan at Dorf on Law.

 

REMOVAL FROM OFFICE

The House Judiciary Chairman says that articles of impeachment could be introduced in late fall. (Politico)

 


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