Abigail DeHart, Caroline Cox  //  6/12/18  //  Daily Update

A federal judge heard oral argument in a case brought by DC and Maryland arguing that President Trump is violating the Emoluments Clauses. Attorney General Jeff Sessions reversed an immigration appeals court decision; he opined that fear of domestic violence is insufficient to provide legal grounds for asylum. The Supreme Court ruled that Ohio’s practice of removing inactive voters from state voter rolls does not violate federal law. Three former aides to EPA Administrator Scott Pruitt told House committee investigators that the EPA is delaying public records requests. The FCC officially repealed net neutrality rules, scrapping all of the Obama-era regulations which aimed at ensuring a level playing field online.

TRUMP: INVESTIGATIONS AND LITIGATION

A federal judge heard oral argument in a case brought by DC and Maryland arguing that President Trump is violating the Emoluments Clauses (WaPo, The Hill, CNN).

Claims that Robert Mueller’s investigation is unconstitutional are meritless, asserts George Conway at Lawfare.

Despite President Trump’s statements to the contrary, there is very little evidence supporting the idea that a president can pardon himself, writes Gene Healy at Cato at Liberty.

• Quinta Jurecic at Lawfare similarly criticizes President Trump’s assertion of pardon power.

LAW FIRM ARBITRATION AGREEMENTS

The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all. So explains Leah Litman in a post for Take Care.

IMMIGRATION

The Honduran Consul in Texas revealed that a Honduran man who died in police custody after being separated from his family was seeking asylum in the United States (WaPo). 

Attorney General Jeff Sessions reversed an immigration appeals court decision; he opined that fear of domestic violence is insufficient to provide legal grounds for asylum (NYT; WaPo).

• Former Board of Immigration chair criticizes this decision.

CIVIL RIGHTS

The Pentagon’s decision to go against precedent and not release an LGBT Pride Month memo is a symptom of senior leadership avoiding LGBT issues as it prepares for the transgender ban (WaPo).

DEMOCRACY

The Supreme Court ruled that Ohio’s practice of removing inactive voters from state voter rolls does not violate federal law (SCOTUSblog).

• Here on Take Care, Mike Dorf suggests that we might infer subconscious partisan bias at the Court
• The Human Rights Campaign criticized the decision
• The ACLU called the decision a “setback for voting rights.”
• Law professor Noah Feldman argues the decision is politically motivated.

JUSTICE AND SAFETY

President Trump is expressing confidence as his summit with Kim Jong Un begins despite the difficulties that American and North Korean diplomats have already discovered (NYT).

• It is critical for President Trump to raise the issue of North Korea’s human rights violations at his summit with Kim Jong Un, argues Jack Rendler at The Hill.
• Secretary of State Mike Pompeo has explained that President Trump will offer North Korea security assurances that go far beyond those offered in prior negotiations (LA Times). 

Members of President Trump’s Cabinet are attempting to maintain the country’s relationship with Canada after the President’s critical comments at the G7 (Politico).

• The New York Times reports that the clashes with Canada have isolated the United States from its allies.

The Treasury Department announced new sanctions against Russia for cyberware (NYT).

The Department of Justice has arrested 74 individuals for wire transfer scams carried out the internet (The Hill).

CONFLICTS OF INTEREST

Records show that last year, President Trump’s daughter and senior advisor made millions from her stake in Trump International Hotel and from business connected to her brand (Politico).

REGULATION

Three former aides to EPA Administrator Scott Pruitt told House committee investigators that the EPA is delaying public records requests (WaPo).

The FCC officially repealed net neutrality rules, scrapping all of the Obama-era regulations which aimed at ensuring a level playing field online (NYT, WaPo).

• FCC Chairman Ajit Pai insists the internet will remain open.
• The Hill offers an analysis of what might be next for net neutrality.
• The State of Washington implements its own net neutrality rules.

Education Secretary Betsy Devos reinstated a for-profit college accreditor despite her agency’s own finding that the organization failed to meet federal standards (NYT, Politico).

An SEC commissioner calls for his fellow commissioners to reexamine stock buyback rules in light of President Trump’s tax-cut law (The Hill).

CHECKS & BALANCES

Fifteen Democratic state attorney generals submitted a letter in response to the CFPB’s request for information on its public reporting of consumer complaint information (Consumer Finance Monitor).

• The letter is available here.

REMOVAL FROM OFFICE

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations. So explains Stephen Vladeck in a contribution to Take Care's symposium on a new book by Larry Tribe & Joshua Matz, "To End A Presidency: The Power of Impeachment." 

A New York state court judge ruled that President Trump can be deposed in an ongoing defamation lawsuit by a former contestant on “The Apprentice” who accused Trump of unwanted advances (The Hill).

RUSSIAN INTERFERENCE

The Treasury Department sanctioned Russian entities and individuals, accused of aiding Russia’s Federal Security Service in cyber attacks (WaPo, The Hill, NYT).

A Justice Department investigation reveals that the National Rifle Association officials met with several prominent Russians during the 2016 presidential election (McClatchy).