Mackenzie Walz  //  1/16/19  //  Daily Update


A federal judge ruled against the Trump Administration, finding the inclusion of the citizenship question on the 2020 census violates the Administrative Procedure Act. The Pentagon approved a request from DHS to extend the deployment of US troops at the US-Mexico border until September 30th. During his Senate confirmation hearing, Attorney General nominee Bill Barr reassured he would not be bullied by anyone, including the President. The Special Counsel’s office filed a partially redacted memorandum describing the false statements given by Paul Manafort during his cooperation. President Trump’s appointment of Joe Otting as the acting director of FHFA may violate the agency’s governing statute.

 

IMMIGRATION 

The Trump Administration cannot use civil asset forfeiture to fund the border wall, argues Kanya Bennett at the ACLU.

 

CIVIL RIGHTS

A federal judge rejected a request from labor unions for a temporary restraining order compelling the government to pay federal workers during the partial shutdown (WaPo, The Hill).

 

JUSTICE AND SAFETY 

The Pentagon approved a request from DHS to extend the deployment of US troops at the US-Mexico border until September 30th (LATimes).

 

REGULATION

A federal judge ruled against the Trump Administration, finding the inclusion of the citizenship question on the 2020 census violates the Administrative Procedure Act (WSJ, NYT).

  • The fully opinion can be read here.

 

RULE OF LAW

Individuals best suited to investigate and prosecute the President and his associates may be insiders, such as FBI agents or DOJ attorneys, rather than outside special prosecutors, argues Daniel Hemel at Take Care.

The Special Prosecutor is not an institution, as the word is traditionally and legally understood, which has implications for the stability of the position, writes David Marcus at Take Care.

President Trump’s appointment of Joe Otting as the acting director of FHFA may violate the agency’s governing statute, writes Brianne J. Gorod at Take Care.

 

CHECKS AND BALANCES

While Attorney General nominee, Bill Barr, reassured Congress he would allow Mueller to complete his work, the Senate should demand more, particularly in light of Barr’s memo on obstruction of justice, writes Andrew Coan at Take Care

During his Senate confirmation hearing, Attorney General nominee Bill Barr reassured he would not be bullied by anyone, including the President (WaPo, The Hill).

 

RUSSIAN INTERFERENCE

The Special Counsel’s office requested a federal judge again delay the sentencing of former Trump campaign aide, Richard Gates, as his cooperation with ongoing investigations continues (The Hill).

The Special Counsel’s office filed a partially redacted memorandum describing the false statements given by Paul Manafort during his cooperation (LawFare).

 


Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School