Julia Sherman, Caroline Cox  //  8/9/17  //  Daily Update


Former Department of Homeland Security Secretary Jeh Johnson calls on President Trump to defend the DACA program in court. In response to reports that North Korea has produced a miniaturized nuclear warhead, President Trump threatened to use “fire and fury” against the country. U.S. Secretary of State Rex Tillerson has instructed diplomats to avoid answering questions about the Paris Climate Agreement. President Trump wants to combat the opioid crisis with a “law and order” approach and is debating whether to declare the opioid crisis a national emergency.

 

IMMIGRATION

The positions President Trump has taken in the entry ban and other ongoing litigation are shockingly unpresidential, writes Leah Litman at Take Care.

 Former Department of Homeland Security Secretary Jeh Johnson calls on President Trump to defend the DACA program in court (WSJ).

President Trump’s rhetoric on the campaign trail may have somewhat decreased illegal immigration, but most of the credit goes to prior administrations (Cato Institute).

 

CIVIL RIGHTS

The Trump Administration’s rollback of LGBT rights runs afoul of well-established precedent, argues Katie Eyer at ACS Blog.

 

JUSTICE & SAFETY

In response to reports that North Korea has produced a miniaturized nuclear warhead, President Trump threatened to use “fire and fury” against the country (WaPo, NYT, WSJ).

  • Alex Potcovaru outlines the international law of anticipatory self-defense and potential US options in response to North Korea’s actions at Just Security.

 

REGULATION

Scientists fear that the Trump Administration will not make public a federal report on climate change (WaPo, NYT).

U.S. Secretary of State Rex Tillerson has instructed diplomats to avoid answering questions about the Paris Climate Agreement, write Yeganeh Torbati and Valerie Volcovici at Reuters.

The White House is seeking Democratic support for its tax reform plans, report Rachael Bade and Elana Schor at Politico.

President Trump met with advisors in New Jersey to discuss the opioid crisis but little in the way of specific policy emerged from the meeting, explain Peter Baker and Michael D. Shearaug at the New York Times.

President Trump wants to combat the opioid crisis with a “law and order” approach and is debating whether to declare the opioid crisis a national emergency (WaPo).

 

RULE OF LAW

The Special Counsel Integrity Act that aims to protect Robert Mueller from removal would likely lead to greater challenges for the special counsel, writes Michel Paradis at Lawfare.

Congress could introduce legislation that better protects Robert Mueller in going beyond merely guarding against his removal, argue Daniel Hemel and Eric Posner at the New York Times.


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