Mackenzie Walz  //  7/31/19  //  Daily Update


A federal judge dismissed a lawsuit by the DNC alleging the Trump campaign, President Trump, WikiLeaks, and the Russian government conspired to interfere in the 2016 election. The ACLU filed a lawsuit alleging the Administration has separated more than 900 children from their families, in violation of a court order prohibiting such separations. President Trump, once again, accused China of delaying trade negotiations and stated an agreement may not be reached until after the 2020 Election.

 

IMMIGRATION

Two Urban Institute studies suggest the Administration’s aggressive immigration enforcement measures have deterred many immigrants from participating in routine activities (Immigration Prof).

The US-Guatemala agreement does not appear to be a “Safe Third Country” agreement, rather it appears to be an agreement allowing the US to transfer any asylum seekers to Guatemala, contends Susan Gzesh for Just Security.

The ACLU filed a lawsuit alleging the Administration has separated more than 900 children from their families, in violation of a court order prohibiting such separations (The Hill; NYT).

 

JUSTICE & SAFETY

Abandoning arms control and nonproliferation agreements will not stop the threats posed by China and Russia, contend Maggie Tennis and Strobe Talbott for Lawfare.

President Trump, once again, accused China of delaying trade negotiations and stated an agreement may not be reached until after the 2020 Election (WaPo).

The Trump Administration’s approach to Iran suggests the goal is regime change, not compelling Iran to act like a “normal country,” argues Jason Rezaian for The Washington Post.

Compared to past National Intelligence Directors, President Trump’s nominee, Representative Ratcliffe, lacks experience and risks politicizing a nonpartisan position, discusses David Priess for Lawfare.

 

REGULATION

The Department of Agriculture’s proposed rule to constrict access to food stamps could result in more than 500,000 children loosing automatic eligibility for free school meals (NYT).

The EPA proposed eliminating the restrictions on coal ash use and instead requiring projects to demonstrate their use will not harm nearby environments like groundwater (The Hill).

According to a study by the Environmental Working Group, more than half of the bailout payments intended to alleviate effects of the US-China trade war went to bigger, wealthier farms (The Hill).

 

CHECKS & BALANCES

While there are consequences of judicial activism, it likely will not matter if the conservative Court engages in activism when reaching decisions in support of the Administration, argues Neil Buchanan for Dorf on Law.

 

RUSSIAN INTERFERENCE

A federal judge dismissed a lawsuit by the DNC alleging the Trump campaign, President Trump, WikiLeaks, and the Russian government conspired to interfere in the 2016 election (The Hill; Lawfare).

 


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