Karen Kadish  //  7/18/19  //  Daily Update


The House of Representatives held Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt for their refusal to turn over documents relating to the Trump Administration’s attempt to add a citizenship question to the census. The House of Representatives passed a third bill attempting to undo the arms deal that President Trump made with Saudi Arabia, which will likely lead to another presidential veto of the bill. The investigation into Michael Cohen’s campaign-finance infractions has been concluded. Multiple lawsuits have now been filed challenging the new asylum regulation that denies asylum to individuals who did not request asylum in the first country they reached after leaving their country of origin. 

 

TRUMP: INVESTIGATION AND LITIGATION

The investigation into Michael Cohen’s campaign-finance infractions has been concluded, reports Matt Zapotosky at The Washington Post.

 

IMMIGRATION

Multiple lawsuits have now been filed challenging the new asylum regulation, implemented starting July 16, which denies asylum to individuals who did not request asylum in the first country they reached after leaving their country of origin. (Lawfare)

The pentagon has sent 2,100 additional troops to the U.S.-Mexico border to help with security. (WaPo; NYT)

Only 10% of people crossing the United States’ southern border are referred for asylum interviews, writes David Bier at Cato.

“Metering” asylum seekers at the southern border (restricting the number of individuals who can enter U.S. soil to request asylum each day) leaves asylum seekers in dangerous circumstances for weeks, with no clear sense of when they might be allowed to apply for asylum, writes Stephanie Leutert at Lawfare.

 

CIVIL RIGHTS

The Second Circuit’s ruling the the First Amendment prevents President Trump from blocking Twitter followers applies to President Trump because he is a government official, but does not apply to all uses of Twitter or social media, writes Joshua Geltzer at Take Care Blog.

The House of Representatives held Attorney General William Barr and Commerce Secretary Wilbur Ross in contempt for their refusal to turn over documents relating to the Trump Administration’s attempt to add a citizenship question to the census, reports Nicholas Fandos at The New York Times.

 

JUSTICE & SAFETY

The House of Representatives passed a third bill attempting to undo the arms deal that President Trump made with Saudi Arabia, which will likely lead to another presidential veto of the bill. (WaPo; NYT)

The confirmation hearings for Mark Esper, nominated for defense secretary, shed light on his views of the United States’ foreign commitments and conflicts, and evinced a commitment to U.S. allies that seems at odds with the views of President Trump, write Edwin Djabatey and Kate Brannen at Just Security.

The White House has decided that Turkey may no longer buy the F-35 Joint Strike Fighter under NATO agreements because of Turkey’s decision to continue to buy missile systems from Russia. (ArsTechnica)

The United States has sanctioned several Myanmar generals over the mass killings of Rohingya Muslims. (WaPo)

 

REGULATION

The Nuclear Regulatory Commission has suggested weakening or reducing safety inspections to nuclear plans. (NYT)

The Gundy decision about Congress’s delegation of power could impact many executive actions – including the imposition of tariffs, writes Harlan Grant Cohen at Just Security.

 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School