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Zak Lutz  //  1/8/19  //  Daily Update

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House Democrats have prepared a litany of Trump investigations. The government may not have enough money to issue food stamps in January owing to the shutdown. The shutdown may also delay some people’s court dates by as much as four years, including for immigration proceedings. Congress could prevent President Trump from using his national emergency powers to build the wall. Amid objections from advocacy groups, the Trump administration rescinded an Obama administration guidance aimed at protecting disabled students. The Trump Administration has aggressively appealed lower court rulings and is depending on the Supreme Court to uphold administration policies.

 

TRUMP INVESTIGATIONS & LITIGATION

President Trump may try to suppress some of Robert Mueller’s report, suggest Chris Strohm and Shannon Pettypiece in Bloomberg.

House Democrats have prepared a litany of Trump investigations (Politico).

 

IMMIGRATION

Congress could prevent President Trump from using his national emergency powers to build the wall (Notice & Comment).

• Debate continues whether President Trump could use his national emergency powers to build a wall--and if so, how he could use said powers (Balkinization, LAT, Lawfare, Lawfare, NYT, NYT, WaPo, WaPo).
• A House Democrat suggested President Trump does have that power (Politico).

The Justice Department nearly admitted it issued incorrect information about immigration and terrorism, argues Benjamin Wittes at Lawfare.

A district judge granted the Trump Administration’s request to put the asylum lawsuit on hold during the government shutdown (Hill).

 

CIVIL RIGHTS

Amid objections from advocacy groups, the Trump administration rescinded an Obama administration guidance aimed at protecting disabled students (DisabilityScoop).

The government shutdown may delay some people’s court dates by as much as four years, including for immigration proceedings (NYT).

• The Administrative Offices of U.S. Courts predicts courts can sustain “paid operations” through January 18 (press release here).

 

DEMOCRACY

Government operations continue to cease during the government shutdown.

• The National Park Service has instituted some entrance fees (Politico).
• The government may not have enough money to issue food stamps in January (Politico).
• The Trump Administration announced tax refunds would go out (Politico, LAT, NYT, WaPo).
• Lawmakers still received paychecks while federal workers may miss Friday payday (WaPo, WaPo).
• President Trump will give a primetime speech on the shutdown (Politico, NYT, WaPo).

Business leaders must act to improve the quality of government and protect democracy, argues Tom Coleman at Take Care.

 

JUSTICE & SAFETY 

The Justice Department could side with defendants who want to kill M&A class actions (Reuters).

 

REGULATION

The new CFPB director sent an email to staff encouraging an assumption of innocence and awareness of enforcement costs (ConsumerFinanceMonitor).

 

RULE OF LAW

President Trump’s threat to use eminent domain to claim significant property to build a border wall shows a lacking commitment to property rights, argues Ilya Somin in Reason.

 

CHECKS & BALANCES

The Trump Administration has aggressively appealed lower court rulings and is depending on the Supreme Court to uphold administration policies, reports Robert Barnes in USA Today.

• The Trump Administration just appealed a Clean Water Act dispute to the Court (Greenwire).

 

Tags:

Immigration Rule of Law Checks & Balances Regulation Democracy Civil Rights Justice & Safety

 

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