Hetali Lodaya  //  7/22/19  //  Daily Update


The House Judiciary Committee wants Hope Hicks to clarify her June 19 testimony, which conflicts with recently unsealed court documents regarding Michael Cohen’s case. The DC Circuit Court of Appeals rejected the DOJ’s motion to dismiss a lawsuit regarding Trump’s alleged violations of the Emoluments Clause. The Third Circuit upheld a nationwide injunction on a Trump Administration rule that would allow employers to exempt out of the ACA requirement to provide insurance that covers birth control. Eugene Scalia, son of the late Justice Scalia, is President Trump’s new pick to head the Department of Labor.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The House Judiciary Committee wants Hope Hicks to clarify her June 19 testimony, which conflicts with recently unsealed court documents regarding Michael Cohen’s case. (The Hill

  • Despite these documents, the DOJ has closed its investigation into Cohen without further explanation. (Just Security)

House Democrats plan on focusing on five specific instances of obstruction, as well as potential witness-tampering with Paul Manafort and Michael Cohen, when Robert Mueller testifies this week. (Politico)

  • The focus of the Mueller questioning should be Presidential abuse of power, writes Kate Martin at Just Security.

The House Oversight Committee wants to know why the President wasn’t indicted for campaign finance violations. (WSJ)

The DC Circuit Court of Appeals rejected the DOJ’s motion to dismiss a lawsuit regarding Trump’s alleged violations of the Emoluments Clause. (The Hill)

 

IMMIGRATION 

The Administration is revising the citizenship test. (NPR

The real purpose of the ICE raids may be to encourage self-deportation, at ImmigrationProf Blog.

  • Although the number of immigration court filings and detentions is up, the percentage of those based on criminal activity is going down. (ImmigrationProf Blog)
  • “Crimmigration” has a long history in the United States, writes Melina Juárez Pérez at WaPo

Plaintiffs have filed their opposition to a stay in ongoing litigation regarding the President’s use of military funds to construct a wall at the southern border. (Lawfare)

 

CIVIL RIGHTS

Over 3000 federal inmates were recently released under the First Step Act, signed into law last year. (NYT)

The Third Circuit upheld a nationwide injunction on a Trump Administration rule that would allow employers to exempt out of the ACA requirement to provide insurance that covers birth control. (Reuters)

 

DEMOCRACY

The Penalty Clause of the 14th Amendment requires collecting citizenship data, argues Thomas Barry at Yale Notice and Comment.

 

REGULATION

Eugene Scalia, son of the late Justice Scalia, is President Trump’s new pick to head the Department of Labor. (WaPo)

A district court in Washington ruled to allow the Administration continue expanding certain short-term healthcare plans that do not comply with the ACA. (WSJ)

 

CHECKS & BALANCES

The President has nominated Vice Admiral Michael Gilday to lead the Navy. (The Hill)

 

REMOVAL FROM OFFICE

Support for impeachment in the House is growing, but with qualifications. (Politico)

Representative Al Green’s desire to impeach the President is understandable, but he is taking the wrong approach, argues Molly Jong-Fast at NBC Think.


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