//  7/17/18  //  Daily Update


President Trump, in an extraordinary joint press conference, appeared to side with Russian president Vladimir Putin over the U.S. intelligence community on Russian responsibility for interfering in the 2016 presidential election. New York State announced the launch of an investigation into whether Jared Kushner's family real estate company harassed tenants at a Brooklyn waterfront property so that they would leave their rent-stabilized apartments. A federal judge temporarily blocked the Trump Administration from deporting reunited families that had been separated under the administration’s “zero tolerance” policy. The FCC announced serious concerns with the Sinclair Broadcast Group’s plan to acquire rival Tribune Media. Republican House members called on the Justice Department’s Inspector General to to investigate whether Deputy Attorney General Rod J. Rosenstein threatened congressional aides in a January meeting.

 

TRUMP: INVESTIGATIONS AND LITIGATION

New York State announced the launch of an investigation into whether Jared Kushner's family real estate company harassed tenants at a Brooklyn waterfront property so that they would leave their rent-stabilized apartments (CNN).

  • The investigation was announced on the same day 20 current and former tenants brought a $10 million lawsuit against the Kushner Companies, writes Charles V. Bagli in the New York Times.

 

IMMIGRATION 

A federal judge temporarily blocked the Trump Administration from deporting reunited families that had been separated under the administration’s “zero tolerance” policy (LA Times).

 

DEMOCRACY 

Several former federal cyber and technology officials called on the Census Bureau to prepare adequate cybersecurity measures to defend the integrity of the upcoming Census count (The Hill).

  • Read the letter here.

 

JUSTICE & SAFETY

The Russian government runs a state-sanctioned cybercrime syndicate, writes John P. Carlin in the New York Times.

If confirmed, Brett Kavanaugh’s nomination to the Supreme Court could have a profound impact on gun regulations, David G. Savage writes in the Los Angeles Times.

 

CONFLICTS OF INTEREST

President Trump’s re-election campaign has already spent nearly $1 million at Trump Organization properties, raising serious ethical concerns, Dylan Scott writes in Vox.

The First Lady’s spokesperson may have violated the Hatch Act by using a Trump campaign slogan in a tweet, according to a watchdog group, Citizens for Responsibility and Ethics in Washington (CREW), writes Michelle Ye Hee Lee in the Washington Post.

  • Read CREW’s letter to the Office of Special Counsel here.

 

REGULATION

The FCC announced serious concerns with the Sinclair Broadcast Group’s plan to acquire rival Tribune Media (NYT).

  • Read the chairman’s statement here.

A recent decision by the D.C. Circuit Court of Appeals will allow hospitals around the country to seek more money from Medicare (NYT).

Treasury Secretary Steven Mnuchin announced that the U.S. would consider waivers for countries that need more time to end oil imports from Iran in order to avoid sanctions (Reuters).

 

RULE OF LAW 

Republican House members called on the Justice Department’s Inspector General to to investigate whether Deputy Attorney General Rod J. Rosenstein threatened congressional aides in a January meeting, Mike DeBonis writes in the Washington Post.

 

CHECKS & BALANCES

Many critics’ categorical arguments against nationwide injunctions are misplaced or overbroad, argues Zachary D. Clopton in Take Care.

The House of Representatives hearing last week with FBI agent Peter Strzok is a reminder of the limits of congressional oversight, writes Molly E. Reynolds in Lawfare. 

An independent watchdog group is seeking to compel the National Archives and Justice Department to release all records relating to Brett Kavanaugh’s time in the executive branch (The Hill).

 

FEDERALISM

In the wake of Brett Kavanaugh’s nomination to the Supreme Court, the states now present the best avenue for addressing partisan gerrymandering, argue Sam Wang, Ben Williams, and Rick Ober in the American Prospect.

 

RUSSIAN INTERFERENCE

President Trump, in an extraordinary joint press conference, appeared to side with Russian president Vladimir Putin over the U.S. intelligence community on Russian responsibility for interfering in the 2016 presidential election (NYT, WaPo, WSJ).

After today’s performance, those currently serving in the federal government must consider whether they can continue to ethically do so, writes Rolf Mowatt-Larssen in Just Security.

Mariia Butina, a Russian woman who built connections with the National Rifle Association and Republican political operatives, was criminally charged accused of working with Americans to carry out a secret Russian effort to influence American politics (NYT, WaPo, WSJ).

  • Read the complaint and supporting affidavit here.
  • Philip Bump lays out a timeline of Butina’s activities during the 2016 election in the Washington Post.

Several Russians, including some linked to the Kremlin, participated in meetings in the Seychelles in early 2017 that have become a subject of investigation for Special Counsel Robert Mueller’s investigation into Russian election interference, Erin Banco reports in NJ.com. 

The indictment of 12 Russians for hacking into the Democratic National Committee’s emails raises several uncomfortable questions, writes Jack Goldsmith in Lawfare.

  • The indictment should make the Kremlin squirm, Leonid Bershinsky argues in Bloomberg.

Several legal options exist for the U.S. to gain custody over the 12 Russians indicted for 2016 election email hacks, argues Steven Arrigg Koh in Just Security.

 


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