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 | 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