Karen Kadish  //  7/25/19  //  Daily Update


Special Counsel Robert Mueller testified before the House Judiciary and Intelligence Committees. A federal district court granted a preliminary injunction against a new rule requiring asylees to apply for asylum in the first safe country they reach after leaving their country of origin. The Department of Justice opened an antitrust inquiry into tech companies.

 

MUELLER’S CONGRESSIONAL TESTIMONY

Special Counsel Robert Mueller testified before the House Judiciary and Intelligence Committees.

  • Mr. Mueller was generally reluctant to make claims that went beyond his report, and did not engage with either political party’s attempts to use the hearing to color the Russia investigation or to force Mr. Mueller to go beyond the Special Counsel’s report. (WaPo; NYT; WSJ; The Atlantic)
  • President Trump publicly criticized Mr. Mueller’s testimony and the congressional hearings. (WaPo; NYT)
  • Just Security compiled law and intelligence experts’ views on the Mueller hearing.
  • Just Security also compiled experts’ analyses of the Special Counsel’s report and of Attorney General William Barr’s handling of the report.

 

IMMIGRATION

President Trump threatened to retaliate against Guatemala with tariffs due to Guatemala’s refusal to sign an immigration deal that would require migrants to seek asylum in Guatemala before coming to the United States, reports Elisabeth Malkin at The New York Times.

Tension continues on the new asylum rule implemented by the Trump Administration which requires asylees to apply for asylum in the first safe country they reach after leaving their country of origin.

  • A district court in California issued a preliminary injunction against the policy
  • A district court in Washington declined to issue an injunction against the policy (ImmigrationProf Blog; NYT)
  • This proposed policy violates United States immigration law and is cruel, writes Michael Dorf on Verdict.
  • The asylum system mirrors the tort system in that it gives remedy to people who are the victims of others’ malfeasance, but it does not provide protection for those who are victims of natural disasters or other forms of ill fortune, writes Michael C. Dorf on Dorf on Law.

 

JUSTICE & SAFETY 

Attorney General William Barr admitted that adding back doors to technology for law enforcement access increases vulnerability to illegal access of electronic devices, reversing the DOJ’s former position on the subject, writes Bruce Schneier at Lawfare.

 

REGULATION

The Department of Justice has opened an anti-trust inquiry into tech companies. (The Hill)


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