, Lark Turner  //  7/7/17  //  Daily Update


Judge Watson has rejected Hawaii's request to clarify the scope of the preliminary injunction against President Trump's revised travel ban. A three-judge panel of the Ninth Circuit ruled that undocumented children detained by federal authorities are entitled to hearings to determine whether they should remain confined. Walter Shaub, director of the independent Office of Government Ethics, announced that he will resign before his term is scheduled to end. Eighteen states and D.C. have challenged Education Secretary Betsy DeVos’ delay of regulations targeting predatory for-profit schools.

 

PODCAST

The latest episode of Versus Trump explores the past, present, and future of judicial independence.

 

IMMIGRATION

Judge Watson (D. Hawaii) has rejected Hawaii's request to clarify the scope of the preliminary injunction against President Trump's revised travel ban, notes Marty Lederman at Just Security

  • Judge Watson's order can be found here.

The Supreme Court’s decision to hear the travel ban case does not bode well for civil libertarians, argues Maryam Jamshidi at Just Security.

A three-judge panel of the Ninth Circuit ruled that undocumented children detained by federal authorities are entitled to hearings to determine whether they should remain confined (NYT).

 

CIVIL RIGHTS

The Human Rights Campaign released a letter to President Trump urging him to forcefully raise concern with Vladimir Putin over Chechen attacks against gay and bisexual men (HRC).

  • Read the full letter here.

 

CONFLICTS OF INTEREST

Recent arguments against the Foreign Emoluments Clause applying to the President rest, in part, on incorrect claims about Alexander Hamilton's writings, explains Brianne Gorod at Take Care.

Walter Shaub, director of the independent Office of Government Ethics, announced that he will resign before his term is scheduled to end (WaPo).

  • Read his resignation letter here.
  • Shaub announces his resignation on CBS News here.
  • The Sunlight Foundation offers an opinion on the significance for Trump’s conflicts here.
  • Elijah Cummings, the top Democrat on the House Oversight Committee wants Walter Shaub to testify before Congress (Politico).
  • Shaub will join the Campaign Legal Center as a Senior Director of Ethics beginning July 19.

 

REGULATION

The ACA repeal is a mess because no one believed President Trump would win, writes Paul Kane at The Washington Post.

18 states and D.C. have challenged Education Secretary Betsy DeVos’ delay of regulations targeting predatory for-profit schools (Politico).

MetLife has sought a continuance in hopes that the Trump Administration will back off in a regulation designation case (Reuters).

 

RUSSIAN INTERFERENCE

Special Counsel Robert Mueller is assembling a stable of elite lawyers in the Russia investigation (WSJ).

President Trump has misled with intelligence agency criticism, writes Matthew Rosenberg in The New York Times.

 

DEMOCRACY

Michael Chertoff, former head of DHS, thinks that the Pence-Kobach voter data request poses a threat to national security (WaPo).

  • Election experts think that the commission’s methodology will result in thousands of errors and could distort fraud (ProPublica).
  • Professor Michael McDonald is interviewed about the voting commission’s goal.
  • Governor of Texas Greg Abbott tweeted that Texas and other states have a right to refuse the request for private voter information.

 

SAFETY & JUSTICE

A computer scientist says that there are links between Twitter bots that circulated pro-Trump messages ahead of the 2016 election and bots that participated in the recent French election, reports Morgan Chalfant at The Hill.

There is no evidence that President Trump has a fully developed or coherent conception of a modern presidency, given his practice of tweeting, argues Bob Bauer at Lawfare.

President Trump delivered a speech in Warsaw framing the fight against terrorism as a clash of civilizations, defending Western culture against enemies (LA Times).

 

And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.

If you have any feedback, please let us know 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