Daily Update | February 22, 2018
Caroline Cox, Ian Eppler // 2/22/18 //
President Trump held a listening session including people affected by school shootings who urged action on gun control. Border Patrol is stretching its authority to search private property and extend its reach beyond the physical border. New lawsuits seek to challenge the winner-take-all approach to allocating Electoral College votes in most states. Benjamin Wittes, editor of Lawfare blog, sued the State Department under the Freedom of Information Act over its failure to produce records related to its promotion of Mar-a-Lago. Former Trump campaign advisor Sam Nunberg will be interviewed by the Special Counsel.
IMMIGRATION
Border Patrol is stretching its authority to search private property and extend its reach beyond the physical border (NYT).
Immigration experts are speculating that first lady Melania Trump’s parents may have received their permanent legal resident statuses through a process that President Trump has described as “chain migration” (WaPo).
Changes in technology are making it easier for ICE to track immigrants in the United States (ImmigrationProfBlog).
DEMOCRACY
New lawsuits seek to challenge the winner-take-all approach to allocating Electoral College votes in most states (Election Law Blog).
JUSTICE & SAFETY
President Trump held a listening session including people affected by school shootings who urged action on gun control (NYT).
- President Trump suggested that there should be an expansion of “concealed carry” at schools (Politico).
- Students from the Florida high school where a gunman killed 17 protested at the Florida State Capitol and White House (WSJ).
- President Trump’s notes for the listening tour have raised eyebrows, writes Aaron Blake at the Washington Post.
- Gun control advocates should use the NRA’s playbook to succeed, argues Edward Burmila at the Washington Post.
President Trump may have difficulty acting unilaterally on gun control, explains Jonathan H. Adler at the Volokh Conspiracy.
President Trump’s proposal for the Iran nuclear deal will create a troubling policy situation, write Eric Edelman and Charles Wald at The Hill.
The State Department revealed that Vice-President Pence was scheduled to have a meeting with North Korean officials during the Winter Olympics before the North Koreans pulled out (NYT).
“Deep fakes,” videos that swap faces to produce highly realistic results, may present a major national security concern, argue Robert Chesney and Danielle Citron at Lawfare.
CONFLICTS OF INTEREST
Special Counsel Robert Mueller is investigating whether former Trump campaign manager Paul Manafort promised a banker a job in the White House in exchange for loans, report Tom Winter, Hallie Jackson, and Kenzi Abou-Sabe for NBC News.
The Inspector General of the National Labor Relations Board has concluded that Trump-appointed NLRB member William Emanuel should have recused from a decision due to a conflict of interest based on Emanuel’s former employer (On Labor).
After leaving the White House, President Trump’s former bodyguard Keith Schiller was given a “security consulting” contract by the Republican National Committee (CNBC, WaPo).
Benjamin Wittes, editor of Lawfare blog, sued the State Department under the Freedom of Information Act over its failure to produce records related to its promotion of Mar-a-Lago (The Hill).
Former advisors of Vice President Mike Pence during his stint as governor of Indiana have received millions to lobby Vice President Pence, reports Maya Gold at Citizens for Responsibility and Ethics in Washington.
REGULATION
Alaska state legislators are seeking to introduce Medicaid work requirements after the Trump administration agreed to allow states to seek those requirements (The Hill).
The Department of the Treasury released a report calling for limits on the “ordinary liquidation authority” for banks authorized under the Dodd-Frank Act (The Hill).
Democratic members of Congress sent a letter to interim Consumer Financial Protection Bureau director Mick Mulvaney expressing concern about plans to reorganize the CFPB’s Office of Fair Lending (CFPB Monitor).
The Trump administration’s offshore oil drilling proposal is likely legal, suggests Jay Austin at ACS Blog.
President Trump met with labor union leaders to discuss trade policy (WSJ).
RULE OF LAW
Jared Kushner is at risk of losing his access to classified information due to his inability to acquire a security clearance, prompting conflict with Chief of Staff John Kelly, report Julie Hirschfeld Davis and Maggie Haberman in the New York Times.
Trump attorney Michael Cohen likely violated Rule 1.8(e) of the Model Rules of Professional Responsibility by paying Stormy Daniels to remain silent about an affair with President Trump, and the rule is warranted, argues Diane Klein at Dorf on Law.
Veterans Affairs Secretary David Shulkin claimed he had the White House’s permission to investigate “subversion” at the agency after several news stories about misuse of public funds by Secretary Shulkin (Politico).
CHECKS & BALANCES
President Trump’s proposed military parade would violate longstanding norms surrounding civilian-military relations, contends Dakota S. Rudesill at Lawfare.
RUSSIAN INTERFERENCE
The Special Counsel has filed new charges against former Trump campaign manager Paul Manafort and his associate Rick Gates, but the charges were filed under seal (Reuters).
Trump associates may need to decline offered pardons, as such pardons may serve as admissions of guilt by state prosecutors, argues Ryan Goodman at Just Security.
Former Trump campaign advisor Sam Nunberg will be interviewed by the Special Counsel (Politico).
In a tweet, President Trump again pressured Attorney General Jeff Sessions to end the Russia investigation and open investigations into purported crimes by the Obama administration (Politico, WSJ).
Tags:
Immigration Rule of Law Conflicts Checks & Balances Regulation Democracy Justice & Safety Russian Interference