Jacob Miller  //  2/1/18  //  Daily Update


President Trump signed an Executive Order to keep the Guantanamo Bay prison open. The D.C. Circuit Court of Appeals upheld the constitutionality of the Consumer Financial Protection Bureau. The Federal Bureau of Investigation is imploring the White House not to release the memo alleging FISA surveillance abuses. Two top Russian spy chiefs met with CIA Director Mike Pompeo, raising concerns among some U.S. officials.

 

IMMIGRATION 

President Trump calls for a “fair compromise” on immigration during State of the Union (WSJ, NPR, Hill).

  • The plan would fundamentally alter the U.S. immigration system, writes Donald Kerwin for The Hill.
  • President Trump “poisoned” the debate on immigration, writes the Washington Post editorial board.

Almost 7,000 Syrian refugees will be allowed to stay in the U.S. for another 18 months (NYT).

The Trump Administration will prioritize recent asylum applications (WSJ). 

President Trump’s immigration policies did not diminish the number of border crossings (CATO).

 

CIVIL RIGHTS

President Trump signed an Executive Order to keep the Guantanamo Bay prison open (Politico)

  • Read the EO here.
  • Trump has chosen to embrace the lawlessness of Guantanamo, writes Noa Yachot for the American Civil Liberties Union.

 

JUSTICE & SAFETY

The Federal Bureau of Investigation is imploring the White House not to release the memo alleging FISA surveillance abuses (WSJ, WaPo, CNN).

  • The legal claim behind the memo is dubious, writes Orin Kerr for Lawfare.
  • FBI Director Wray could face a showdown with the White House over the memo (WaPo).

Trump addressed National Security concerns during the State of the Union (Lawfare).

 

CONFLICTS OF INTEREST

The director of the Centers for Disease Control and Prevention, Dr. Brenda Fitzgerald, resigned after reports emerged that she traded tobacco stocks amid an anti-smoking campaign (Politico, NYTimes).

Housing and Urban Development lawyers warned Secretary Ben Carson that having his son help organize a “listening tour” last June could violate federal ethics rules (WaPo).

 

REGULATION

The D.C. Circuit Court of Appeals upheld the constitutionality of the Consumer Financial Protection Bureau (Politico, LATimes).

The Environmental Protection Agency delayed the Obama administration’s Clean Water Rule another two years while seeking to repeal it (The Hill).

South Carolina Representative Trey Gowdy, who chaired the panel investigating Benghazi, announced he would not run for re-election (LATimes).

 

RULE OF LAW

The Department of Justice dropped its corruption case against New Jersey Senator Bob Menendez (Politico).           

 

RUSSIAN INTERFERENCE

President Trump asked Deputy Attorney General Rod Rosenstein if he was “on his team” during a December meeting (CNN).

F.B.I. Director Christopher Wray stated publicly he had “grave concerns” about House Republicans’ plan to release Rep. Nunes’ memo criticizing the bureau’s surveillance of a former Trump campaign adviser (NYTimes, WaPo, Politico, LATimes, WSJ).

Releasing classified information through Rep. Nunes’ memo without vetting it first sets a dangerous precedent and increases the chances of a constitutional crises, writes Rep. Adam Schiff (D-Calif.) for the Washington Post.

The release of Rep. Nunes’ memo is actually aimed at inhibiting Robert Mueller’s investigation into President Trump, argues Charlie Savage for the New York Times.

Rep. Nunes’ memo lacks credibility, and there is no conflict of interest for Mueller’s investigative team, write Noah Bookbinder, Norman Eisen, Caroline Fredrickson, and Kristin Amerling in a newly published report.

  • Read the report here.  

The Trump Administration did not violate federal law when it failed to issue new sanctions on Russia, writes Robert Chesney for Lawfare. 

Senators Marco Rubio (R-FL) and Bob Menendez (D-NJ) asked Secretary of State Rex Tillerson to bring up the issue of potential Russian Interference in elections throughout the world during his travel to Mexico and Latin America (CBS News).

Two top Russian spy chiefs met with CIA Director Mike Pompeo, raising concerns among some U.S. officials (WaPo).

 

And that's our update today!  Thanks for reading.  We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.  

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Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School