Zak Lutz // 2/7/19 //
DOJ and DHS issued a report finding no evidence of foreign interference in the 2016 elections. Democrats are starting a series of investigations into the Trump administration. Federal prosecutors have looked into a foreign flow of money in Paul Manafort’s firms. The Supreme Court will review a certiorari petition about gun carry license policies and another about California’s ban on new pistol models. DOJ unsealed two “sweeping” indictments of Huawei, and opened an investigation into the Jeffrey Epstein sex offender case. T-Mobile executives hoping for approval of a merger booked more than 52 nights at Trump Hotel. The Education Department’s proposed regulation on Title IX harassment could transform campus harassment procedural protections.
TRUMP INVESTIGATIONS & LITIGATION
Federal prosecutors have looked into a foreign flow of money in Paul Manafort’s firms (Hill).
Lies about abortion will lead to the end of Roe, writes Dahlia Lithwick in Slate.
Despite President Trump’s comments during the State of the Union address, abortion issues remain a legal and not political fight, argues Lawrence Hurley in Reuters.
The right to own a gun has been a “constitutional orphan”--undermined by lower courts and unprotected by the Supreme Court, suggests Joyce Lee Malcolm in Law & Liberty.
The hunt for voter fraud is worse than voter fraud, writes Karen Tumulty in The Washington Post.
In her State of the Union response address, Stacey Abrams called for “ballot fairness” (NYT).
JUSTICE & SAFETY
New China tariffs will not resolve the trade dispute, argues Clark Packard in Lawfare.
The UN Human Rights Committee has clarified five important things regarding targeted killing, explains Shaheed Fatima Q.C. in Lawfare.
Congress may or may not have the power to prevent the President from withdrawing troops, explains Ashley Deeks in Lawfare.
DOJ unsealed two “sweeping” indictments of Huawei (Lawfare).
DOJ opened an investigation into the Jeffrey Epstein sex offender case (Hill).
CONFLICTS OF INTEREST
T-Mobile executives hoping for approval of a merger booked more than 52 nights at Trump Hotel (WaPo).
The Supreme Court should adopt an ethics code, writes Robert H. Tembeckjian in The Washington Post.
Education Department’s proposed regulation on Title IX harassment could transform campus harassment procedural protections, explains Daniel Kees in The Regulatory Review.
The Hobbs Act does not incorporate the Chevron doctrine, argues James Conde in Notice & Comment.
An empirical study suggests that Auer deference lead to every administrative agency issuing more vague rules, explains Derek Bonett at Cato at Liberty.
RULE OF LAW
Countries should recognize democratic regimes and should consider recognizing entirely undemocratic regimes--while bewaring the “uncanny valley” in between, argues Michael Dorf at Dorf on Law.