Sarah Mahmood, Lark Turner  //  7/24/17  //  Daily Update


 Commentators continue to criticize the Presidential Advisory Commission on Election Integrity. The Department of Justice will prosecute an al-Qaeda suspect in Philadelphia. The White House will likely accept Congress’ Russia sanctions bill. President Trump has targeted the Robert Mueller investigation and has considered pardoning himself and those in his immediate circle. 

 

REMOVAL FROM OFFICE

President Trump has targeted Robert Mueller’s investigation for criticism (WaPo, NYT).

  • Firing Rober Mueller or pardoning members of the Trump executive team would backfire, argues Jed Shugerman at Take Care.
  • When will Trump fire Special Counsel Robert Mueller?, asks David Graham at the Atlantic.
  • There are three major ways a firing could happen, writes Steve Vladeck at ACS Blog.
  • The White House’s threats to Mueller are “a systematic push-back” on the investigation, write Jane Chong, Quinta Jurecic, and Benjamin Wittes at Lawfare.
  • Trump doesn’t want Mueller looking into his finances (The Hill).
  • The President needs to “step back” and stop criticizing the investigation, admonishes Sen. Susan Collins, R-Maine at Face the Nation.
  • Several experts discuss whether Trump’s attacks could be legitimate or successful — and whether a firing would be bigger than Watergate (Politico).
  • Shutting down the investigation won’t work long-term, writes John Dean at Verdict.
  • Trump’s firing Mueller wouldn’t necessarily lead to a constitutional crisis — unless Congress refuses to respond, writes Keith Whittington at Lawfare.
  • A Clinton-era legal memo says yes, the president can be indicted (NYT).

President Trump has asked advisers about pardoning his aides, his family — and himself (WaPo).

  • Pardoning himself might not – and should not – work, argues Brian Kalt at Take Care.
  • President Trump tweets that he has “complete power” to pardon (NYT).
  • A president’s decision to pardon himself may be a crime, write Daniel Hemel and Eric Posner in the New York Times.
  • The president can’t pardon himself, write Laurence Tribe, Richard Painter, and Norman Eisen in the Washington Post.
  • Yes he can, writes Jonathan Turley in the Washington Post — or it is at least an open question, as he writes on his blog.
  • Fifteen legal experts offer their opinion on whether a self-pardon is constitutional (Vox).

 

IMMIGRATION

The legalese behind the Supreme Court exempting those with “bona fide” relationship to American citizens from the Immigration Ban belies loving family connections that should be allowed to develop, writes Wajahat Ali at the New York Times.

The Trump Administration has banned Americans from traveling to North Korea, with a special exception available for those who hope to travel for humanitarian reasons (The Hill).

 

DEMOCRACY

The Presidential Advisory Commission on Election Integrity is a sham, writes the New York Times Editorial Board.

  • The Trump Administration is using the Commission as a way to obstruct voters (WaPo).
  • The Commission relies on dubious studies (The Economist).

The Freedom of Information Act is increasingly under attack (The Atlantic).

 

JUSTICE & SAFETY

The Department of Justice will prosecute an al-Qaeda suspect in Philadelphia, despite Attorney General Jeff Sessions’ comments that suspected terrorists should be prosecuted in Guantánamo Bay (NYT).

 

CONFLICTS OF INTEREST

Six months into his term, here’s a round-up of President Trump’s potential conflicts (CREW).

 

REGULATION 

A House committee passed a sweeping tax code overhaul (Reuters).

 

CHECKS & BALANCES

The White House will likely accept Congress’ Russia sanctions bill (NYT).


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