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Christina Ford  //  2/6/18  //  Daily Update

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President Trump attacked Democratic lawmakers who did not applaud during the State of the Union, calling their behavior “Un-American” and “treasonous.” In response to Friday’s release of the Nunes memo, the House Intelligence Committee voted unanimously in favor of releasing a counter memo written by Democratic members of the Committee. President Trump’s lawyers want him to refuse an interview in the Mueller inquiry, which could set up a prolonged court fight.

 

IMMIGRATION

A draft of a report from the Department of Homeland Security called for long-term surveillance of some Muslim immigrants (The Hill).

 

JUSTICE & SAFETY

In a surprise move, Secretary Mattis fired the top official overseeing the trials of the five men accused of plotting the 9/11 attacks and other alleged war criminals held at Guantánamo (Miami Herald).

President Trump’s recent rhetoric suggests we may see a bipartisan effort to push through a criminal-justice reform bill in Congress this year (New Republic).

 

DEMOCRACY

President Trump attacked Democratic lawmakers who did not applaud during the State of the Union, calling their behavior “Un-American” and “treasonous” (WaPo).

 

RULE OF LAW

As the Trump White House seeks to dismiss a lawsuit accusing it of violating federal records laws, White House lawyers have warned staff not to use encrypted messaging apps for official government business (WaPo).

 

REGULATION

The Labor Department’s Office of the Inspector General is launching an investigation into the Department’s proposed rulemaking on tip pooling (The Hill).

• Several state AGs are calling on DOL to withdraw the proposed rule.
• The proposed rulemaking is likely to benefit employers, who may be able to keep the tips for themselves.

The CFPB under White House budget chief Mick Mulvaney is pulling back from some of its previous interpretations of consumer protection laws (LA Times).

President Trump has not yet decided whether to support a treaty amendment that seeks to phase out certain greenhouse gases (The Hill).

  

CHECKS & BALANCES 

President Trump’s overwhelmingly male appointments across the executive and judicial branches have closed the door for women and will have long-term consequences, write Leah Litman and Helen Marie Berg at Take Care.

AG Sessions has been silent as President Trump has attacked the Department of Justice, risking its independence and morale (NYT).

A federal court has dismissed a credit union’s lawsuit challenging President Trump’s appointment of Mick Mulvaney as Acting Director of the CFPB (Consumer Finance Monitor).

 

REMOVAL FROM OFFICE

There are problems with the constitutional arguments against indictment of a president, argues Bob Bauer at Lawfare.

 

MUELLER INVESTIGATION & RUSSIAN INTERFERENCE

In response to Friday’s release of the Nunes memo, the House Intelligence Committee voted unanimously in favor of releasing a counter memo written by Democratic members of the Committee (NYT, WaPo).

• Jed Shugerman at Take Care suggests that the Nunes memo did not address vital aspects about the FISA warrant on Carter Page, thus undercutting its credibility.
• Samantha Vinograd at Just Security argues that the Nunes memo is a costly distraction that will have long-term consequences for U.S. intelligence alliances.

President Trump’s lawyers want him to refuse an interview in the Mueller inquiry, which could set up a prolonged court fight (NYT).

A FOIA request revealed the FBI’s real reaction to the firing of Director Comey, contradicting the White House’s version of events (Lawfare).

Congress can protect Mueller by passing legislation that grants the special counsel for-cause protection against firing by the president, writes Eric Posner at the New York Times.

The New York Times has asked the Foreign Intelligence Surveillance Court to unseal documents related to the wiretapping of Carter Page (NYT).

 

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Tags:

Immigration Rule of Law Conflicts Checks & Balances Regulation Democracy Justice & Safety Removal from Office Russian Interference

 

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