Jacob Miller  //  12/19/17  //  Daily Update


President Trump called the current U.S. immigration system a threat to national security and claimed the “wrong people” are being admitted. President Trump said in a speech on national security that Russia and China “seek to challenge American influence, values and wealth,” but did not directly address Russian interference in the 2016 election. The Justice Department filed a brief supporting President Trump and Mulvaney in a suit filed against them for control of the CFPB by its Deputy Director in a district court for Washington, D.C. Matthew Peterson, who President Trump nominated for a U.S. District Court in Washington, D.C., withdrew his nomination after struggling with questions during a hearing before the Senate Judiciary Committee.

 

IMMIGRATION

President Trump called the current U.S. immigration system a threat to national security and claimed the “wrong people” are being admitted (LA Times).

President Trump has abandoned his campaign promises to help Christian refugees as his administration has accepted significantly fewer than previous administrations, writes David Bier for the Cato Institute.

President Trump should attempt a political deal to pass a DACA fix as national sentiments begin to change around immigration, argues Juan Williams for The Hill.

Europe should lead the way by taking in and economically supporting refugees if America is going to step back under Trump, writes IRC President David Miliband for TIME.  

 

CIVIL RIGHTS

President Trump’s Muslim ban echoes Japanese internment in the U.S. during World War II, and the Supreme Court should not make the same mistake today, writes Cecillia Wang, Deputy Legal Director of the ACLU.


DEMOCRACY

President Trump’s voter fraud commission has not been in communication since September, and members are not sure why (NBC).

 

JUSTICE & SAFETY

President Trump said in a speech on national security that Russia and China “seek to challenge American influence, values and wealth,” but did not directly address Russian interference in the 2016 election (NYT, WaPo, Politico).

 

REGULATION

The Lower East Side People’s Federal Credit Union filed suit in the Southern District of New York in an attempt to stop Mick Mulvaney’s appointment as CFPB Acting Director (Consumer Finance Monitor). 

The Justice Department filed a brief supporting President Trump and Mulvaney in a suit filed against them for control of the CFPB by its Deputy Director in a district court for Washington, D.C. (The Hill).

The Environmental Protection Agency asked the public to submit ideas for potential rules to replace the Obama administration’s Clean Power Plan (The Hill).


RULE OF LAW          

Removal of Deputy Attorney General Rod Rosenstein could be more damaging to the integrity of an investigation into President Trump than removal of Mueller, writes former FBI Special Agent Asha Rangappa for Just Security.

  

CHECKS & BALANCES

Matthew Peterson, who President Trump nominated for a U.S. District Court in Washington, D.C., withdrew his nomination after struggling with questions during a hearing before the Senate Judiciary Committee (Politico).

  • Senator John Kennedy (R-LA) told reporters President Trump called him and approved of his questioning of Peterson (Politico).

 

REMOVAL FROM OFFICE

The president can be charged with obstruction of justice even for performance of an official act if it was done corruptly, writes Peter Shane for Washington Monthly.

Firing James Comey was within President Trump’s power, and impeachment for obstruction of justice based on Comey’s firing would be an overreach of Congressional power, writes Josh Blackman for Lawfare

House Democrats will factor in who best would potentially lead impeachment proceedings when deciding who should fill the vacant Democratic spot on the House Judiciary Committee (NYT, Politico).
       

    
RUSSIAN INTERFERENCE

The FBI warned President Trump that Russia would attempt to spy on and infiltrate his campaign in August of 2016 (NBC).

Calls for Mueller’s removal are reminiscent of calls for Kenneth Starr’s removal, writes Callum Borchers for the Washington Post.

Three House Republicans have called for an investigation into leaks from the House Intelligence Committee’s investigation into Russian Interference (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