Helen Marie Berg, Caroline Cox  //  7/11/18  //  Daily Update


Michael Flynn’s brief appearance in federal court on Tuesday showed that while the former national security adviser wants to proceed to sentencing soon, his cooperation with Robert Mueller’s team is a priority. As the NATO summit sits on the horizon, President Trump and European leaders are engaging in a hostile back-and-forth on Twitter. Rudy Giuliani is simultaneously working for foreign clients while representing President Trump, a position that could violate federal ethics laws. Acting EPA Administrator Andrew Wheeler is likely run the agency for a significant time as Senate Republicans seek to delay confirmation hearings for a permanent replacement for Scott Pruitt. A new executive order upends the typical method of hiring administrative law judges from a central pool of candidates, and directs executive agencies to directly hire judges.

 

TRUMP: INVESTIGATIONS AND LITIGATION 

Democratic Senators are calling for President Trump’s nominee to the Supreme Court, Brett Kavanaugh, to recuse himself should he be confirmed from any legal cases tied to the Mueller probe (The Hill).

  • The Hill further reports that Senator Chuck Schumer alleges that Kavanaugh’s nomination is tied to White House fear of the special counsel’s investigation. 

Michael Flynn’s brief appearance in federal court on Tuesday showed that while the former national security adviser wants to proceed to sentencing soon, his cooperation with Robert Mueller’s team is a priority (Politico).  

A U.S district court ordered that President Trump’s former campaign chairman, Paul Manafort, move to an Alexandria, Virginia detention center to await trial (Politico).

Regardless of the constitutional issues at play, Special Counsel Robert Mueller does not have sufficient authority from the Department of Justice to indict President Trump, argue Samuel Estreicher and David Moosmann at Just Security.

 

IMMIGRATION

A judge for the U.S. District for the Central District of California ruled that the Trump Administration cannot amend the 1997 Flores settlement to permit the extended detention of migrant families (WSJ).

  • Politico has published a copy of the order.

The government is starting the court-ordered reunification process for migrant children separated from their families, writes Manny Fernandez and Caitlin Dickerson at The New York Times.  

  • The Hill reports that the government will not be able to reunite all 102 children eligible for reunification by the deadline. 

Mexico and the United States are debating a proposal that could further limit the number of asylum seekers entering the United States (WaPo).

 

CIVIL RIGHTS

The Department of Education announced that it is postponing the implementation of a rule meant to prevent the “significant disproportionality” of students from certain backgrounds in special education, writes Michelle Diament at Disability Scoop.

 

DEMOCRACY

A federal judge provided permission to plaintiffs in a suit over the inclusion of the new citizenship question on the 2020 census to search government files for evidence of bad faith in the Commerce Department’s decision (NYT).

 

JUSTICE AND SAFETY 

President Trump pardoned the two Oregon men charged with arson whose arrest sparked the 41-day occupation of the Malheur National Wildlife Refuge (NYT). 

As the NATO summit sits on the horizon, President Trump and European leaders are engaging in a hostile back-and-forth on Twitter (Politico).

President Trump’s strained relationship with European allies is primarily the result of a refusal of the Trump Administration to collaborate or provide much predictability, explains David M. Herszenhorn at Politico.

 

CONFLICTS OF INTEREST

Rudy Giuliani is simultaneously working for foreign clients while representing President Trump, a position that could violate federal ethics laws (WaPo). 

The Trump Administration is once more cutting funding for Affordable Care Act enrollment outreach (The Hill).

 

REGULATION 

Acting EPA Administrator Andrew Wheeler is likely run the agency for a significant time as Senate Republicans seek to delay confirmation hearings for a permanent replacement for Scott Pruitt (Politico).

 

CHECKS & BALANCES

A new executive order upends the typical method of hiring administrative law judges from a central pool of candidates, and directs executive agencies to directly hire judges (WaPo). 

President Trump’s nominee for Secretary of Veterans Affairs, Robert Wilkie, received the support of the Senate Veterans’ Affairs Committee (WaPo).

 


Daily Update | March 20, 2019

3/20/19  //  Daily Update

White House lawyers want an opportunity to claim executive privilege and review Robert Mueller's report before it reaches lawmakers and the public. Search warrants obtained in the New York case against President Donald Trump’s former personal attorney Michael Cohen were unsealed. The Fourth Circuit Court of Appeals heard argument in an anti-corruption case against President Trump regarding his violations of the Constitution's emoluments clauses. The Supreme Court’s latest opinion adds to a string of decisions with sweeping views of ICE’s power to confine migrants. Federal judges have ruled against the Trump administration 63 times over the past two years.

Abigail DeHart

Michigan Law School

Daily Update | March 19, 2019

3/19/19  //  Daily Update

If the federal appeals court allows the Emoluments Clauses challenge against President Trump to move forward, he may be forced to disclose financial information related to his businesses. In addition to reviewing the statutory issues concerning the 2020 census citizenship question, the Supreme Court will also review the constitutional issue. DHS Secretary Kirstjen Nielsen declared that the United States is not prepared to handle foreign cyber attacks but is taking steps to identify and combat these threats. The Department of Defense produced a fact sheet listing all military projects from which funding could potentially be diverted to build the southern border wall. Democratic congressional leaders requested the FBI open an investigation into Chinese American executive, Li Yang, for misusing her personal ties to President Trump.

Mackenzie Walz

University of Michigan Law School

Daily Update | March 18, 2019

3/18/19  //  Daily Update

President Trump issued his first veto, rejecting legislation to overturn his declaration of a national emergency to fund a border wall. President Trump encouraged House Republicans to vote in favor of a resolution calling on the Justice Department to make Robert Mueller’s final report public. Paul Manafort has been indicted by a Manhattan grand jury in connection with a multimillion-dollar mortgage fraud scheme. The Trump Administration has issued orders to put into effect next month new limitations on service in the military by transgender individuals. The Trump administration is considering sending a volunteer emergency response team to assist with security and humanitarian efforts at the U.S.-Mexico border.

Hilary Robin Rosenthal

Columbia Law School