Jacob Miller  //  1/29/19  //  Daily Update


Acting attorney general Matthew Whitaker stated publicly that special counsel Robert Mueller is near the completion of his investigation. The United States Justice Department has unsealed an indictment charging Chinese company Huawei with evading United States sanctions on Iran and other crimes under United States law. The Trump administration imposed sanctions on Venezuela, specifically Petróleos de Venezuela, the state-owned oil monopoly that is a significant portion of the country’s revenue. The Centers for Disease Control and Prevention will monitor the experiences of teenagers with autism, collecting data for the first time as part of a long-term program. State legislators have introduced hundreds of bills aimed at making voting easier for citizens following the 2018 midterm elections.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Acting attorney general Matthew Whitaker stated publicly that special counsel Robert Mueller is near the completion of his investigation (NYT, WaPo, WSJ, LATimes).

Michael Cohen will testify privately before the House Intelligence Committee on February 8, 2019 (Politico).

 

IMMIGRATION

There is sufficient legal uncertainty around President Trump’s ability to declare a national emergency in order to fund a border wall that Democrats and Republicans may both be incentivized to compromise prior to declaration of a national emergency, argues Michael C. Dorf in Dorf on Law

Families seeking asylum are being turned away on the Mexican border by Customs and Border Protection officers in spite of their rights under American and international law, write University of Texas-Austin researcher Stephanie Leutert and ACLU lawyer Shaw Drake for the New York Times.

The Trump Administration has set up a cruel and arbitrary waiver system for visa applicants from countries impacted by the travel ban, and should be pushed by Congress to create a working system, write Betsy Fisher and Samantha Power for the New York Times.

Immigration experts dispute President Trump’s claims about immigration including claims about undocumented immigrants voting in Texas and California, the cost to the United States of illegal immigration, and the number of undocumented immigrants currently in the United States (NYT).

President and Chief Executive Officer of the United States Hispanic Chamber of Commerce Ramiro Cavazos discusses meeting with President Trump to discuss the economic importance of immigration, including maintaining Deferred Action for Childhood Arrivals and Temporary Protected Status (Hill).

Congress should ensure protections to LGBTQ asylum seekers in light of seekers being turned away under Trump administration policies, write Human Rights Campaign staff members.

 

REGULATION

President Trump announced support for ongoing efforts to stop patients from receiving large unexpected medical bills, though potential further regulation may be cause a substantial strain on the medical industry (Hill).

The Centers for Disease Control and Prevention will monitor the experiences of teenagers with autism, collecting data for the first time as part of a long-term program (Disability Scoop).

 

DEMOCRACY

State legislators have introduced hundreds of bills aimed at making voting easier for citizens following the 2018 midterm elections (Governing).

 

JUSTICE & SAFETY

The United States Justice Department has unsealed an indictment charging Chinese company Huawei with evading United States sanctions on Iran and other crimes under United States law (NYT, WaPo,WSJ, LATimes).

  • Read the indictment here.

The Trump administration imposed sanctions on Venezuela, specifically Petróleos de Venezuela, the state-owned oil monopoly that is a significant portion of the country’s revenue (NYT, WaPo, WSJ, LATimes).

President Trump has the authority under the U.S. Constitution to withdraw from the North Atlantic Treaty, though the authority would become complicated with a more clear Congressional ban on withdrawal from NATO, although such a ban is not sufficiently clear in the current NATO support act, write Curtis Bradley and Jack Goldsmith for Lawfare.

 

FEDERALISM

After President Trump leaves office, whenever that will be, a unified government should pass a variety of basic environmental regulations, but also strengthen federalism to avoid pitfalls seen during the Trump administration, writes Dan Farber for Legal Planet.

 

RULE OF LAW

Courts should revisit the general legal presumption that the executive branch is behaving regularly, specifically around frequent egregious lying from the Trump administration, writes Leah Litman for Take Care.  

 


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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