Daily Update | February 21, 2019
Jacob Miller // 2/21/19 //
Justice Department officials believe that Robert Mueller will potentially finish his investigation into Russian interference in the 2016 election by next week. President Trump announced that the United States would not re-admit Hoda Muthana, a student who traveled to Syria to try to join the Islamic State, but has apologized and wishes to return to the United States. The Supreme Court on ruled 9-0 that the Eighth Amendment to the Constitution’s ban on excessive fines applied to the states through the Fourteenth Amendment in Timbs v. Indiana. The Environmental Protection Agency has begun to lay out a new plan to change Obama-era rules and make regulation of mercury and air toxins substantially more difficult. Members of Congress have grown concerned that Director of National Intelligence Daniel Coats may soon be removed from his position by President Trump.
TRUMP: INVESTIGATIONS & LITIGATION
Michael Cohen will testify before the House Oversight Committee on February 27, 2019 (Politico, WSJ, WaPo).
Congress should question Michael Cohen even as special counsel Robert Mueller’s investigation continues, but Congress should tread very carefully and take proper safeguards when doing so, writes Elise Bean for Just Security.
Justice Department norms of independence, as well as former Acting Attorney General Matthew Whitaker himself, should be praised for encouraging non-interference with special counsel Robert Mueller’s investigation, especially in light of comments encouraging intervention from President Trump, writes Jack Goldsmith for Lawfare.
Justice Department officials believe that Robert Mueller will potentially finish his investigation into Russian interference in the 2016 election by next week (WaPo, LATimes)
IMMIGRATION
Protect Democracy announced it filed a lawsuit on behalf of the County of El Paso, Texas and the Border Network for Human Rights against President Trump’s use of emergency powers with a legal team that includes former Acting Attorney General Stuart Gerson and Professor Laurence Tribe.
American Civil Liberties Union Director Anthony Romero announced that the organization will bring suit against President Trump claiming illegal use of emergency powers to build some of a border wall (USA Today).
The legal challenges to President Trump’s attempted use of emergency power to build some of a border wall may lead to Courts stopping the action on Constitutional or “merely” legal grounds, and although either rationale would halt the action, each may have different political implications, writes Michael C. Dorf for Dorf on Law.
President Trump announced that the United States would not re-admit Hoda Muthana, a student who traveled to Syria to try to join the Islamic State, but has apologized and wishes to return to the United States (NYT).
Hoda Muthana has a right to return to the United States if she is in fact a United States citizen, argues Steve Vladeck for Just Security.
CIVIL RIGHTS
The Supreme Court on ruled 9-0 that the Eighth Amendment to the Constitution’s ban on excessive fines applied to the states through the Fourteenth Amendment in Timbs v. Indiana (NYT, WaPo, LATimes, WSJ).
- Read the opinion here.
The Supreme Court’s decision in Timbs left open the question of what “excessive” means in the civil forfeiture context, which will be critical to the case’s ultimate impact, writes Ilya Somin for The Volokh Conspiracy.
DEMOCRACY
Senate Republicans are preparing to use the “nuclear option” to reduce debate times on executive branch and judicial nominees substantially (NYT).
JUSTICE & SAFETY
President Trump’s attempts to negotiate new trade deals with China have largely been unproductive in addressing key structural issues, in spite of the Trump administration’s rhetoric, write Rachel Brown and Preston Lim for Lawfare.
CONFLICTS OF INTEREST
Current Environmental Protection Agency assistant administrator Bill Wehrum’s former lobbying firm received millions of dollars from coal companies to lobby against the Obama Administration’s air regulations (Politico).
REGULATION
Federal Communications Commission Chairman Ajit Pai said publicly that the FCC’s annual broadband assessment shows access has improved throughout the United States due to policies implemented during his time with the Trump administration (Ars Technica).
The Environmental Protection Agency has begun to lay out a new plan to change Obama-era rules and make regulation of mercury and air toxins substantially more difficult, argues Michael Lemov for The Hill.
The Trump administration’s talks with California lawmakers over fuel-economy standards have broken down and failed to produce important compromises (LATimes).
RULE OF LAW
Members of Congress have grown concerned that Director of National Intelligence Daniel Coats may soon be removed from his position by President Trump (WaPo).
Tags:
Immigration Rule of Law Conflicts Regulation Democracy Civil Rights Justice & Safety