Nicandro Iannacci  //  7/26/19  //  Daily Update


DOJ announced that it will resume use of the death penalty in some cases and announced a new drug protocol for lethal injection. Special Counsel Robert Mueller’s testimony on Wednesday deepened the Democratic divide over whether to pursue impeachment. The Trump administration announced a $16 billion aid package to help farmers hurt by the president’s trade war with China. The CFPB plans to eliminate a rule that enables homebuyers with high debt to obtain mortgages. Senate Majority Leader Mitch McConnell (R-Ky.) blocked consent votes on two election security bills, saying Democrats were trying to give themselves a “political benefit." The House Oversight Committee voted to subpoena all White House work communications sent by personal email and cellphone.

 

TRUMP: INVESTIGATIONS & LITIGATION

The House Oversight Committee voted to subpoena all White House work communications sent by personal email and cellphone (WaPo, POLITICO).

A federal judge ruled that a different judge will hear President Trump’s lawsuit to prevent House Democrats from obtaining his tax returns through New York's TRUST Act (POLITICO).

 

IMMIGRATION

Aaron Hull, the El Paso sector chief of the CBP, was reassigned to another sector in the wake of growing criticism of health and safety concerns for migrants on the southern border (NYT).

A Mexican man died in ICE custody in Georgia, the seventh person to die in ICE custody since October (BuzzFeed).

The president’s plan to expand the use of “expedited removal” will bypass the immigration court system and exact a great human cost, writes Beth Werlin in The New York Times.

 

DEMOCRACY

The decision of a three-judge panel to not bail in Texas under Section 3(c) of the Voting Rights Act is a worrisome development and a huge loss for minority voters, writes Travis Crum at Take Care.

 

JUSTICE & SAFETY

DOJ announced that it will resume use of the death penalty in some cases and announced a new drug protocol for lethal injection (NYT, WaPo, WSJ, BuzzFeed News).

Air Force Gen. John E. Hyten, the president’s nominee to be vice chairman of the Joint Chiefs of Staff, could receive a confirmation hearing before the Senate Armed Services Committee as early as next week, despite sexual misconduct allegations against him (WaPo).

The Senate Foreign Affairs Committee voted to advance the president’s nomination of Kelly Craft to serve as U.N. Ambassador (POLITICO).

Young members of the military must prepare to serve an increasingly politicized environment, writes Thomas Krasnican at Just Security.

 

REGULATION

The Trump administration announced a $16 billion aid package to help farmers hurt by the president’s trade war with China (NYT, WaPo).

FEMA announced that it will further restrict Puerto Rico’s access to hurricane recovery funds in light of “continuing leadership changes” (WSJ).

Eugene Scalia, President Trump’s nominee to be Secretary of Labor, is under scrutiny for past writings about workplace sexual harassment (POLITICO).

AG Bill Barr met with a bipartisan group of eight state attorneys general to discuss antitrust concerns about the tech industry (The Hill).

DOJ is seeking support from state attorneys general for a settlement to allow a merger between Sprint and T-Mobile (WSJ).

The CFPB plans to eliminate a rule that enables homebuyers with high debt to obtain mortgages (WSJ).

The Trump administration’s Affordable Clean Energy rule, the replacement for President Obama’s Clean Power Plan, is costly, achieves little, and disempowers the states, writes Dan Farber at Legal Planet.

 

FEDERALISM

In defiance of the Trump administration’s rollback of limits on auto emissions, four of the world’s biggest car companies reached a deal with California on new regulations (NYT, WSJ, Ars Technica).

 

REMOVAL FROM OFFICE

Special Counsel Robert Mueller’s testimony on Wednesday deepened the Democratic divide over whether to pursue impeachment (NYT, WaPo, POLITICO).

  • The debate is fueled in part by Mueller’s belief that President Trump was not entirely truthful in his written responses to the investigation (NYT).
  • Mueller’s testimony about the president’s obstruction of justice supports the use of impeachment, writes Corey Brettschneider at The Washington Post.

 

RUSSIAN INTERFERENCE

A new report from the Senate Intelligence Committee finds that Russia targeted election systems in all 50 states in 2016 as part of a far-reaching effort to interfere with U.S. elections (NYT, WaPo, POLITICO, The Hill).

  • The heavily redacted report is here.
  • Multiple other countries are also waging disinformation campaigns to interfere in foreign elections (WaPo).
  • Russia will try to interfere again in the 2020 election and we need to be prepared, write Stanley McChrystal and David Eichenbaum in POLITICO Magazine.

Senate Majority Leader Mitch McConnell (R-Ky.) blocked consent votes on two election security bills, saying Democrats were trying to give themselves a “political benefit” (The Hill).

House Homeland Security Committee Chairman Bennie Thompson (D-Miss.) and Rep. Debbie Wasserman Schultz (D-Fla.) sent a letter to President Trump questioning his efforts to protect U.S. elections (The Hill).

  • The letter is here.

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