Kate Berry, Ian Eppler  //  1/30/18  //  Daily Update


FBI Deputy Director Andrew McCabe resigned, allegedly under pressure from President Trump and Attorney General Sessions. Undocumented minor immigrants are not entitled to government-provided lawyers in deportation proceedings, according to a 9th Circuit Court of Appeals ruling on Monday. A secret memo on the Russia investigation prepared by House Republicans may serve as the basis to force out Deputy Attorney Rod Rosenstein. In 2017, Washington, D.C. lobbying activity reached its highest level since 2010.

 

IMMIGRATION 

The U.S. will begin admitting refugees from the 11 countries identified in October’s immigration ban, subject to additional screening (LA TimesWaPo). 

Despite President Trump’s strong rhetoric regarding immigration from Mexico, few have been realized and the status quo remains relatively unchangedwrites Ioan Grillo at The New York Times. 

Attorney General Jeff Sessions to increase enforcement of harboring provisions, targeting individuals who assist undocumented migrants (CrImmigration). 

It is Immigration Week at the Cato Daily Podcast; the first episode focuses on myths related to immigration and crime (Cato).  

President Trump’s newly proposed immigration framework would result in the exclusion of 22 million legal immigrants over 50 yearsaccording to calculations by the Cato Institute.  

Immigrations and Customs Enforcement has access to a nationwide license plate database, permitting real-time location tracking (The Verge). 

  • Despite ICE’s privacy policy, even citizens should be concerned about this capability, writes Matthew Feeney at Cato. 

Undocumented minor immigrants are not entitled to government-provided lawyers in deportation proceedings, according to a 9th Circuit Court of Appeals ruling on Monday (LA Times). 

 

CIVIL RIGHTS 

A bill banning abortion after 20 weeks failed in the Senate, after receiving House approval in October (WaPoNYT). 

 

DEMOCRACY 

The alleged payment to former adult-film star Stormy Daniels may violate the Federal Election Campaign Act (Harvard Law Review Blog). 

A bill instituting retaliatory measures in response to cyber-meddling in elections is gaining traction in the Senate (The Hill).  

  

CONFLICTS OF INTEREST 

In 2017, Washington, D.C. lobbying activity reached its highest level since 2010 (USA Today).  

 

JUSTICE & SAFETY 

The military is reviewing security guidelines following reports that GPS-based fitness trackers may reveal confidential data regarding bases and other sites (WaPoNYT). 

Attorney General Jeff Sessions is directing federal agents to focus on illicit online opioid sales (WaPo). 

  

RULE OF LAW 

FBI Deputy Director Andrew McCabe resigned, allegedly under pressure from President Trump and Attorney General Sessions (CBS NewsNYTimesPoliticoWaPoWSJ).  

  • President Trump reportedly berated McCabe after President Trump fired FBI Director James Comey. Trump allegedly told McCabe that his wife was a “loser” (NBC News).  
  • White House Press Secretary Sarah Sanders claimed that President Trump had no role in McCabe’s departure (Politico).  

 

REGULATION 

The Trump administration is considering a proposal to nationalize the 5G mobile network to protect against cybersecurity threats from China (Ars TechnicaAxiosNYTimes). 

  • The commissioners of the Federal Communications Commission expressed opposition to the proposal (CNNWSJ). 
  • While Chinese cybersecurity threats are significant, nationalization of the 5G mobile network is not a viable solution, suggests Paul Rosenzweig at Lawfare.  

Conservative groups urged the Trump administration to issue an executive order indexing capital gains taxes to inflation (The Hill).  

The Freedom of Information Act is an essential tool for limiting the effects of the Trump administration’s deregulatory effortsargues Michael R. Lemov in The Hill.  

The Trump administration’s deregulatory initiatives have been less significant than the administration has suggestedwrites Cary Coglianese in The Regulatory Review.  

 

RUSSIAN INTERFERENCE 

House Republicans voted to release a controversial secret memo on the Russia investigation (NYTimes).  

  • A secret memo on the Russia investigation prepared by House Republicans may serve as the basis to force out Deputy Attorney Rod Rosenstein (NYTimes).  
  • The content of the memo is less important than the abnormal process used to release it, writes Joshua Geltzer at Just Security. 
  • Firing Rod Rosenstein may be the initial step to firing Special Counsel Robert Mueller, notes Aaron Blake in the Washington Post.  
  • Rosenstein’s departure would be the result of a “big lie,” argues Benjamin Wittes in Lawfare.  
  • The “release the memo” campaign is a political attempt to discredit the FBI, suggests Julian Sanchez at Just Security. 

Sen. Mark Warner (D-VA), the senior Democrat on the Senate Intelligence Committee, claimed that “new information...raises more questions” about Russian interference in the 2016 election (Politico).  

House Democrats pushed House Oversight Committee Chairman Trey Gowdy (R-SC) to subpoena records related to 2016 election hacking after the Department of Homeland Security allegedly withheld them (The Hill).  

Trump supporters’ claims that a Special Counsel interview of President Trump would be a “perjury trap” are misplaced and politically motivatedargues Alex Whiting at Just Security.   

Special Counsel Mueller’s questions for President Trump may ultimately involve President Trump’s understanding of the rule of lawwrites Amy Davidson Sorkin in The New Yorker.   

The New York State Department of Financial Services may be able to investigate whether the Trump organization participated in Russian money launderingnotes Daniel S. Alter at ACS Blog. 

 

And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary. 

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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