Caroline Cox, Nicandro Iannacci  //  7/31/18  //  Daily Update


A recent court filing in the case against Paul Manafort alleges that the former adviser to President Trump earned $60 million through his work for Ukraine. A new class action challenges President Trump’s travel ban for failing to provide the case-by-case waivers promised in the proclamation. The State Department’s policy toward diplomats and international organization employees in America is a “stealth attack” on same-sex couples. Despite President Trump’s suggestion that he would meet with Iranian leaders, spokespeople for Iran have rejected future engagement. The Trump administration is considering use of its regulatory powers to essentially grant a $100 billion tax cut to the wealthy by allowing taxpayers to account for inflation in determining capital gains liabilities.

 

 

TRUMP: INVESTIGATIONS & LITIGATION

The FBI had a FISA warrant to surveil Carter Page, a former policy adviser to President Trump, as early as 2013, writes Ryan Goodman at Just Security. 

A recent court filing in the case against Paul Manafort alleges that the former adviser to President Trump earned $60 million through his work for Ukraine (The Hill).

  • The Wall Street Journal discusses how Manafort’s finances will be the focus of the trial.
  • The New York Times explains how the Russia investigation lurks in the background of Manafort’s trial.

 

IMMIGRATION

Requiring DNA testing to reunify families separated by the Trump Administration’s immigration policies would create an additional and severe civil liberties violation, argues Esha Bhandari and Stephen Kang at the ACLU.

A new class action challenges President Trump’s travel ban for failing to provide the case-by-case waivers promised in the proclamation (The Hill).

 

CIVIL RIGHTS

Attorney General Jeff Sessions announced a task force focused on protecting religious freedom against what Sessions claimed is growing hostility toward people of faith (The Hill).

  • Sessions’ full remarks are available here.
  • Human Rights Campaign criticizes the task force as disguised anti-LGBTQ discrimination.

The State Department’s policy toward diplomats and international organization employees in America is a “stealth attack” on same-sex couples, writes Diane Klein at Dorf on Law.

 

DEMOCRACY 

The publisher of The New York Times asserts that he urged President Trump to step back from his rhetoric criticizing the press and making allegations about fake news (LA Times).

  • Jason Schwartz at Politico explains that President Trump’s rhetoric against the media has traveled abroad.

Corporate executives selling their companies’ stocks have reaped enormous gains from President Trump’s tax law, while workers will see few long-term benefits (Politico).

  • The New York Times reports that President Trump is considering an even more generous tax cut through regulation. 

The growing attacks on virtual representation and counting undocumented immigrants for redistricting purposes is an attack on basic constitutional guarantees of our political process, argues Joseph Fishkin at The Washington Post.

 

JUSTICE & SAFETY

Despite President Trump’s suggestion that he would meet with Iranian leaders, spokespeople for Iran have rejected future engagement (NYT, WaPo, WSJ).

Strong criticisms from the business community over the Trump Administration’s trade policies are coloring Secretary of State Mike Pompeo’s upcoming trip to Asia (NYT).

  • The Wall Street Journal writes that Pompeo is promising to “deepen engagement” with the region during his visit.

 

REGULATION

The Trump administration is considering use of its regulatory powers to essentially grant a $100 billion tax cut to the wealthy by allowing taxpayers to account for inflation in determining capital gains liabilities (NYT).

The administration is also hotly divided over Medicaid expansion under the ACA, with some officials supporting limited growth and others expressing total opposition (NYT).

Under Secretary Betsy DeVos, the DOE’s Office of Civil Rights has narrowed its approach to racial discrimination and civil rights enforcement (WaPo). 

The Treasury Department and the IRS plan to issue regulations about changes to education savings plans under the tax law passed last year (The Hill).

Robert Wilkie was sworn in as Secretary of Veterans Affairs, taking the helm of the second-largest department in the federal government (WSJ, NYT).

On his final day in office, former EPA Administrator Scott Pruitt announced that the EPA wouldn’t enforce legal limits on super-polluting trucks. That may foreshadow what’s in store for the agency, writes Lisa Henzerling at The Regulatory Review.

 

RULE OF LAW

President Trump’s recent executive order on administrative law judges threatens to transform them “from independent expert professionals … into hand-picked loyalists,” write Justin Florence and Stephanie Llanes at Take Care.

 

CHECKS AND BALANCES

President Trump has privately indicated he’ll put off a potential government shutdown over border wall funding until after the midterm elections (WSJ, WaPo).

  • The news comes after the president publicly reiterated his shutdown threat in a press conference with Italian Prime Minister Giuseppe Conte (NYT, WaPo, WSJ, Politico).
  • Congressional Republicans appear unconcerned (Politico).

To stop the confirmation of Brett Kavanaugh to the Supreme Court, Senate Minority Leader Chuck Schumer (D-N.Y.) is asking moderate Democrats to refrain from announcing support while applying pressure on moderate Republicans (Politico).

  • Senator Rand Paul (R-Ky.) announced his support for Kavanaugh (WaPo, WSJ, Politico).
  • Senator Joe Manchin (D-W.Va.) said he had a “very productive” conversation with Kavanaugh, but also said that he would likely seek a second meeting (Politico, NYT).
  • By blocking the release of documents from Kavanaugh’s time as White House staff secretary under President George W. Bush, Congressional Republicans are engaging in unacceptable obstructionism, write John Podesta and Todd Stern at The Washington Post

Justice Ruth Bader Ginsburg said she intends to serve on the Supreme Court “at least five more years” (CNN, Politico).

 

RUSSIAN INTERFERENCE

What is election “meddling” and when did everyone start using the term? Victoria Clark explains at Lawfare.

The Russians sought to target people’s perceptions and thought processes as much as anything else, writes Richard Forno at The Conversation.

  


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

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