Nicandro Iannacci, Britany Riley  //  7/20/18  //  Daily Update


A federal judge ordered the pretrial detention of alleged Russian covert agent Maria Butina. The Trump administration announced new guidance for asylum officers, instructing them to scrutinize applications according to stricter standards and to weigh claims of fear against whether applicants have previously entered the country illegally. The White House withdrew the nomination of Ryan W. Bounds to the U.S. Court of Appeals for the Ninth Circuit after he faced intense opposition for past writings about multiculturalism and race. Russian President Vladimir Putin appears to be targeting U.S. officials who worked on Russian sanctions, including former U.S. Ambassador Michael McFaul. European and Asian countries are taking affirmative steps to protect the global trade institutions and relationships the Trump Administration appears ready to abandon. In voting unanimously against the Sinclair/Tribune merger, the FCC blocked Sinclair Broadcast Group’s attempts to create a market share which would give the company access to nearly 75% of American households with a television.

 

TRUMP: INVESTIGATIONS AND LITIGATION

This week’s episode of “Versus Trump” looks at New York State’s litigation against the Trump Foundation (Take Care).

  • The state has also opened an investigation into whether the foundation violated state tax laws (NYT). 

FBI Director Christopher Wray said he does not think the Mueller investigation is a “witch hunt.” (The Hill)

  • Wray reiterated that he believes Russia interfered in the 2016 election (NPR).
  • However, Wray declined to confirm if he previously threatened to resign (NBC News).

In arguing that Supreme Court nominee Brett Kavanaugh’s views on Morrison v. Olson have no bearing on the Mueller investigation while also citing Morrison to oppose legislation to protect the Mueller investigation, the White House and its supporters are trying to have it both wayswrites Steve Vladeck at Lawfare.

A federal judge ordered the pretrial detention of alleged Russian covert agent Maria Butina, during a two-hour hearing that exposed more details of her activities (NYT, WSJ, WaPo).

A federal judge denied former Trump campaign chairman Paul Manafort’s motion to suppress evidence obtained in an FBI raid on his Virginia home last year (The Hill).

Simona Mangiante Papadopoulos, the wife of former Trump campaign aide George Papadopoulos, was interviewed by Democrats on the Senate Intelligence Committee (Politico).

 

IMMIGRATION 

The Trump administration announced new guidance for asylum officers, instructing them to scrutinize applications according to stricter standards and to weigh claims of fear against whether applicants have previously entered the country illegally (NYT).

New attention to children’s rights is emerging from discussions of the Trump administration’s border policies, writes Marci Hamilton at Verdict.

CBP is aggressively and dangerously increasing enforcement along the Canadian border, writes Emma Bond for the ACLU.

 

CIVIL RIGHTS 

Would Justice Clarence Thomas vote to strike down federal legislation restricting abortion? We may soon find out, writes Michael Dorf at Take Care.

The White House withdrew the nomination of Ryan W. Bounds to the U.S. Court of Appeals for the Ninth Circuit after he faced intense opposition for past writings about multiculturalism and race (NYT, WaPo, LAT, Politico).

The Office for Civil Rights at HHS altered or removed language on its website that relates to the ACA’s prohibition on sex discrimination, possibly foreshadowing a shift in policy (Sunlight Foundation).

 

JUSTICE & SAFETY

Russian President Vladimir Putin appears to be targeting U.S. officials who worked on Russian sanctions, including former U.S. Ambassador Michael McFaul (WaPo).

  • The White House now says President Trump opposes Putin’s request to question current and former U.S. officials, after previously indicating the president was open to it (WaPo, Politico).
  • By a 98-0 vote, the Senate approved a resolution stating that the U.S. should not make officials available for interrogation (Politico).

President Trump plans to invite Putin to visit Washington, D.C., in the fall, even as confusion and concern about their meeting in Helsinki continues (NYT, WSJ, WaPo, LAT, Politico).

  • Upon hearing the news, Director of National Intelligence Dan Coats said, “That’s gonna be special.” (Politico)
  • U.S. officials are trying to determine what “important verbal agreements” may have been reached by the two leaders (WaPo).
  • Republicans on the House Intelligence Committee defeated an effort by Democrats to subpoena the president’s interpreter during the Helsinki meeting (Politico).
  • Army General Joseph Votel, head of U.S. Central Command, said he has received “no new guidance” on Syria since the meeting (WSJ, WaPo). 

In an effort to counter hacking and disinformation campaigns, DOJ will alert U.S. companies, private organizations, and individuals when they are covertly attacked by foreign actors attempting to influence elections or the political process (WaPo).

The Senate will vote on Monday on the confirmation of VA Secretary nominee Robert Wilkie after revelations of a politically motivated purge of employees by interim leadership (WaPo).

 

CONFLICTS OF INTEREST

Hundreds of pages of new emails provided by the EPA to the House Oversight and Government Reform Committee shed new light on the ethical and management decisions of former EPA Administrator Scott Pruitt (WaPo).

 

REGULATION 

Post-Janus anti-union groups have filed aggressive suits with potentially devastating consequences seeking refunds of fees paid to public sector unions, but these lawsuits are misguided, argues Aaron Tang on Take Care.

The Environmental Protection Agency proposed extensive changes to the Endangered Species Act which some claim prioritize oil and gas industry interests over addressing climate change (NYT,WaPo). 

The Trump Administration appears to be moving forward with automobile import tariffs, despite unpopularity internationally and even among Trump supporters domestically (WSJ, NYT).

European and Asian countries are taking affirmative steps to protect the global trade institutions and relationships the Trump Administration appears ready to abandon (NYT).

In voting unanimously against the Sinclair/Tribune merger, the FCC blocked Sinclair Broadcast Group’s attempts to create a market share which would give the company access to nearly 75% of American households with a television (POGOArs Technica).

  • The FCC rose above partisan politics and correctly followed the law,claims the Editorial Board.

In a recent interview, President Trump broke with tradition and openly criticized the federal reserve for raising interest rates (NYT,WSJ,LA Times).

It is important to understand the background of the International Emergency Economic Powers Act (IEEPA), which grants President Trump the powers to take unilateral economic action against China, explains Stephanie Zable at Lawfare.

 

CHECKS & BALANCES

The Congressional prohibition on bilateral military cooperation with Russia is nuanced, which may give the Trump Administration wiggle room to ally with Russiaargues Ryan Goodman on Just Security.

  • Also on Just Security, Robert Taylor responds to these constitutional arguments.

 

FEDERALISM

State lawsuits attacking new tax law provisions which cap federal deductions for state tax payments raise questionable constitutional claims, argues Ilya Somin at The Volokh Conspiracy.

 

RUSSIAN INTERFERENCE 

House Democrats and Republicans hotly debated whether to consider additions to the current spending bill that would provide funding to improve election infrastructure and security (The Hill).

  • Garrett Graff (Politico) claims Democrats may be the next to receive Russian election aid. 

 


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

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School