Samantha Jaffe , Helen Marie Berg  //  1/12/18  //  Daily Update


The latest episode of Versus Trump dives into a recent lawsuit against the Trump administration—by its former campaign chairman Paul Manafort. President Trump disparaged Haiti and Africa in talks about the bipartisan immigration bill. In tweets, President Trump wavered between opposition and support of the FISA Reauthorization. On the 16th anniversary of the prison’s founding, Guantanamo Bay prisoners filed a mass habeas petition. The Trump Administration said that states may impose work requirements for Medicaid.

 

SYMPOSIUM

Post by Peter M. Shane: Jon Michaels understates the danger posed by a lack of social solidarity in America, a state of alienation Americans feel from one another that has been deliberately fed by right-wing politicians for at least the last four decades.

Post by Ian Millhiser: Is an administrative separation of powers mandated by the Constitution, as Michaels suggests that it is?

 

PODCAST

In the latest episode of Versus Trump,  Take Care dives into a recent lawsuit against the Trump administration—by its former campaign chairman Paul Manafort.

 

IMMIGRATION

In the wake of meeting with President Trump, some Democrats worry that the proposed bipartisan immigration deal will concede too much (Politico).

  • President Trump’s alleged concessions seems to clash with House Republicans hard-line stance (NYT).
  • During the bipartisan immigration meeting President Trump suggested bringing back the pork barrel buffet (NYT).
  • The Wall Street Journal analyzes the effect of the President’s rhetoric on the right.

President Trump says lawmakers are ‘getting close’ on a DACA deal (WSJ).

  • Politico argues that the solution to a DACA deal is to ‘go big’.  
  • The Wall Street Journal dives into what compromise legislation will mean for Dreamers.
  • Politico says that senators have reached a preliminary deal, but President Trump seems unlikely to sign off.

President Trump disparages Haiti and Africa in talks about the bipartisan immigration bill (NYT, LA Times).

  • The White House hasn’t denied the President’s remarks (Politico).
  • The New York Times analyzes all of President Trump’s remarks on chain migration.
  • The Washington Post examines these remarks in the context of other racist rhetoric from the President.

 

CIVIL RIGHTS

Texas’s argument in Garza v. Hagan—that the undocumented women seeking abortions have no substantive due process rights—is outlandish but straightforward, argues Leah Litman on Take Care.

Maintaining its blanket policy, federal agency prevents another undocumented minor from getting an abortion and the ACLU files suit (ACLU).

  • Buzzfeed analyzes the scope of the lawsuit.

After yearlong investigation, the Department of Education orders Texas to correct violations in services to disabled students (NYT, Disability Scoop).  

 

DEMOCRACY

Solicitor General changes course from  prior administrations and supports Ohio’s argument that voters should be removed from voter rolls for not voting (SCOTUSblog, oral argument transcript here).

Maine Secretary of State Matt Dunlap, of the recently disbanded Kobach Commission, calls for its documents to be released to the public (Who.What.Why.).  

 

JUSTICE & SAFETY

In tweets, President Trump wavers between opposition and support of the FISA Reauthorization (NYT,  Cato Institute, LA Times)

  • Lawfare lays out the damage of the contradictory tweets.
  • Just Security notes the absurdity of President Trump’s flip-flop.
  • The New York Times analyzes the tweets.
  • The Washington Post dives into the President’s habit of not knowing what his White House is doing.
  • The White House says that there was no contradiction (WaPo).
  • Paul Ryan believes President Trump understands the FISA (WaPo).

White House ‘listening session’ with criminal justice reform advocates focuses on prisoner reentry (CNN).

  • Attendees include the Koch Industries’ attorney and Republican governors (The Hill).

DOJ’s shift in marijuana law enforcement is a call for greater reform of federal drug prosecution, argues Alex Kreit at ACS Blog.

On the 16th anniversary of the prison’s founding, Guantanamo Bay prisoners file mass habeas petition (Just Security, WaPo).

  • The petition alleges that detentions have gone on too long (WaPo).
  • A tweet from President Trump is central to the petition (Buzzfeed).

President Trump’s new ambassador to the Netherlands refuses to answer questions regarding false claims made about Muslims (NYT), 

The North Korean state media says that ‘Fire and Fury’ ‘foretells Trump’s political demise’ (NYT).

  • President Trump stated he has a ‘very good relationship’ with North Korea (NYT).

President Trump signals openness to talks with North Korea in revealing interview (WSJ)

  • Interview transcript here.

 

REGULATION

The end of individual mandate hurts the wealthy, explains Nick Bagley at The Incidental Economist.

Leandra English is expected to appeal the denial of a request to remove Mick Mulvaney as CFPB director (LA Times).

The president’s declaration of an opioid emergency has changed absolutely nothing, says Brianna Ehly at Politico.

A probe into the Treasury Department’s role in the Trump Administration’s tax plan found no evidence of political interference (NYT).

With the release of a new IRS guidance for employers, Treasury Secretary Steve Mnuchin promises that employees will see greater take-home pay (The Hill).  

  • The Trump Administration is asking employers to implement the new tables by Feb 15 (Politico).

The Trump Administration says that states may impose work requirements for Medicaid (NYT, LA Times, WaPo).

  • The work requirement harms the poor, says The New York Times Editorial Board.
  • The suggested work requirement for Medicaid creates a heavy burden,argues Aaron Carroll at JAMA Forum.
  • Requiring people to work doesn’t actually make them healthier, writes Margot Sanger-Katz at The New York Times.

The Trump Administration has adopted a Medicare model startling similar to the Obama-era one it rejected (NYT).

  • The Wall Street Journal analyzes the mixed messages sent by the Trump Administration regarding Medicaid and Medicare.

The Trump Administration always planned on taking apart Obamacare, writes Jennifer Haberkorn at Politico.

Proposal to shift gun export licensing power from the State Department to the Commerce Department worries experts and Democrats in Congress (The Hill).

 

RULE OF LAW

No President has appointed more federal appellate judges in his first year than President Trump, an accomplishment that may define his legacy  (The Economist).

 

REMOVAL FROM OFFICE

House Democrats are pushing for subpoenas targeting President Trump’s private company’s operations (Politico).

 

RUSSIAN INTERFERENCE

Bannon is expected to testify in closed-door session with the House Intelligence Committee (LA Times).

  • Bannon hires a lawyer as he prepares for testimony (WaPo, Politico).

Senate Judiciary Committee’s criminal referral of the Steele dossier contains some procedural anomalies, explains Don Wolfensburger at The Hill. 

The Kremlin has called the Senate Democrats report on election meddling ‘unfounded’ (LA Times).

How far will the President go to avoid an interview with Mueller,  asks Paul Waldman at The Washington Post.

The White House has denied Russian collusion over 140 times (WaPo).

 


Daily Update | July 20, 2018

7/20/18  //  Daily Update

A federal judge ordered the pretrial detention of alleged Russian covert agent Maria Butina. The Trump administration announced new guidance for asylum officers, instructing them to scrutinize applications according to stricter standards and to weigh claims of fear against whether applicants have previously entered the country illegally. The White House withdrew the nomination of Ryan W. Bounds to the U.S. Court of Appeals for the Ninth Circuit after he faced intense opposition for past writings about multiculturalism and race. Russian President Vladimir Putin appears to be targeting U.S. officials who worked on Russian sanctions, including former U.S. Ambassador Michael McFaul. European and Asian countries are taking affirmative steps to protect the global trade institutions and relationships the Trump Administration appears ready to abandon. In voting unanimously against the Sinclair/Tribune merger, the FCC blocked Sinclair Broadcast Group’s attempts to create a market share which would give the company access to nearly 75% of American households with a television.

Nicandro Iannacci

Columbia Law School

Daily Update | July 19, 2018

7/19/18  //  Daily Update

At a news conference, President Trump walked back comments he made which contradicted the assessment of U.S. intelligence agencies that Russia had interfered in the 2016 U.S. election. Sikh Indian asylum seekers have reported that their turbans were taken away in a federal prison in Oregon. The Ninth Circuit denied the Trump administration’s motion to stay the preliminary injunction that prevents the implementation of a plan to ban transgender people from serving openly in the U.S. Armed Services. Secret Service documents received through FOIA requests revealed that taxpayers spent nearly $250,000 for two overseas trips by Eric and Donald Trump Jr. in which they visited Trump family businesses. New York City and State filed lawsuits over the DOJ public safety grants that require sanctuary cities to work with ICE.

Abigail DeHart

Michigan Law School

Daily Update | July 18, 2018

7/18/18  //  Daily Update

Special Counsel Robert Mueller is seeking immunity for 5 witnesses who are expected to testify against Paul Manafort at his impending trial. Maria Butina, who was indicted Tuesday on charges of acting as an unregistered agent of the Russian government, had developed extensive ties within the conservative movement. The Trump administration’s proposal to impose Medicaid work requirements puts it on course to break the law by reducing tribal health care funding by millions of dollars. The Internal Revenue Service will no longer require some non-profit groups to disclose the names of large donors. The Department of Labor rescinded an Obama-era regulation that would have required companies to disclose their use of consultants to undermine labor organizing efforts.

Jacqueline Sahlberg

Harvard Law School