Jacob Miller, Caroline Cox  //  6/15/18  //  Daily Update


The New York Attorney General has filed a lawsuit alleging that the Trump Foundation violated state and federal law. Republicans are considering a bill that would end the practice of separating migrant families at the U.S. borders, provide visas for “dreamers,” and offer funding for a border wall. The DOJ Inspector General issued a highly critical report concerning the FBI's actions during the 2016 presidential campaign. 

 

PODCAST

On this week's special live episode of Versus Trump, the hosts share a stage at the ACS National Convention with Maryland Attorney General Brian Frosh and Professor Pamela Karlan. 

  • They discuss several important cases brought by states against the Trump Administration, as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government.

 

TRUMP: INVESTIGATIONS & LITIGATION

The New York Attorney General has filed a lawsuit alleging that the Trump Foundation violated state and federal law (NYT; WaPo).

  • The New York Attorney General’s letter to the Federal Election Commission is available here.

A court ruling in New York will allow a former “Apprentice” contestant’s defamation suit against President Trump to continue (The HIll).

 

IMMIGRATION

While one of the largest migrant children’s shelters appears safe and clean, the lack of communication between those detained and the outside world raises questions, writes Manny Fernandez at the New York Times.

Conservative religious leaders are increasingly critical of the Trump Administration’s immigration policies for migrant families (NYT).

Republicans are considering a bill that would end the practice of separating migrant families at the U.S. borders, provide visas for “dreamers,” and offer funding for a border wall (WaPo).

  • The Trump Administration is opening a tent city to house migrant children in custody (WaPo).
  • Congressional Republicans have pointed to a 1997 court decision to explain the separation of migrant families at the U.S. border, but that settlement has not compelled the Trump Administration’s current practice, argues Linda Quia at the New York Times.

 

DEMOCRACY

Originalism “is profoundly ahistorical” despite originalists’ veneration of history, argues Saul Cornell at Take Care.

The Supreme Court held that a Minnesota law banning “political” clothing at polls violates the First Amendment, writes Ilya Shapiro at Take Care.

  • Also on Take Care, Adav Noti praises the Court for avoiding the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

The DOJ Inspector General issued a highly critical report concerning the FBI's actions during the 2016 presidential campaign (NYT; WaPo).

  • The full report is available here.
  • The New York Times writes how the report was particularly critical of James Comey.
  • Kate Brannen at Just Security analyzes the major takeaways from the report.
  • Aubree Eliza Weaver at Politico discusses the report’s criticism of James Comey’s personal email use.
  • Ars Technica explores the report’s insights into internal FBI communications.

 

JUSTICE & SAFETY

The White House is defending President Trump’s tactics during and the outcome of the summit with Kim Jong Un (WaPo).

 

REGULATION 

An amicus brief filed by a bipartisan group of law professors in the newest Affordable Care Act case argues that the law should not be invalidated, explain Abbe Gluck and Nick Bagley at Take Care.

Today, the Federal Circuit held that the federal government does not owe money to insurers seeking more than $12 billion in risk corridor money from the United States, writes Nick Bagley at Take Care.

President Trump plans to push for 25 percent tariffs on foreign cars ahead of the 2018 midterm elections (Politico).

  • President Trump approved tariffs on $50 Billion of Chinese Goods (WSJ).

White House chief economic adviser Larry Kudlow plans to return to the White House after suffering a heart attack (Politico).

 

REMOVAL FROM OFFICE

Professor Laurence Tribe discussed the historical importance of impeachment and potential issues with calls to impeach President Trump (TIME).

The time has come to consider whether President Trump's rhetoric -- including incitement, lies, and deception -- might justify impeachment, observes Kate Shaw at Take Care


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