, Ian Eppler  //  6/25/18  //  Daily Update


Stormy Daniels is expected to meet with federal prosecutors in New York as part of the investigation into Michael Cohen. President Trump on Twitter advocated depriving undocumented immigrants of due process rights. The Trump Administration announced the establishment of a formal process to reunite the 2,053 children separated from parents at the border. President Trump’s call to establish a sixth military branch—a “space force”—has been met with a cool reception by the Pentagon. Newly released emails indicate that Environmental Protection Administration head Scott Pruitt sought to hire a friend of a lobbyist who rented Pruitt a Capitol Hill apartment at below market rate. Sen. Jeff Flake (R-AZ) suggested he would use his position on the Senate Judiciary Committee to delay the confirmation of judges in order to extract concessions from the administration on trade and other issues.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Several prosecutors from outside of the Special Counsel team joined one of the Special Counsel cases involving Russians charged with running an online influence operation during the 2016 election, suggesting that the prosecution may be handed off after the Special Counsel investigation concludes, reports Devlin Barrett in the Washington Post. 

Stormy Daniels is expected to meet with federal prosecutors in New York as part of the investigation into Michael Cohen (WaPo).

In response to a request from House Republicans, the FBI turned over thousands of documents related to the Russia investigation (Politico).

The Special Counsel has sought a September sentencing for former Trump campaign aide George Papadopoulos (Politico).

A federal judge in DC rejected Paul Manafort’s motion to dismiss a money laundering charge brought by the Special Counsel (Politico).

President Trump signed at least four tax returns that contained incorrect information according to the New York attorney general’s recent lawsuit against the Trump Foundation, a felony if done knowingly, writes David Farenthold in the Washington Post.

 

IMMIGRATION

President Trump on Twitter advocated depriving undocumented immigrants of their due process rights, write Philip Rucker and Dave Weigel in the Washington Post.

The federal bureaucracy charged with implementing the president’s “zero tolerance” policy was deeply conflicted over it, Caitlin Dickerson reports in the New York Times.

  • The Project on Government Oversight blog provides a helpful FAQ on the zero tolerance policy.
  • The zero tolerance policy leaves no room for prosecutorial discretion, argues Barbara McQuade in Lawfare.
  • The Trump Administration’s “zero tolerance” policy of separating children and parents crossing the border is an outgrowth of the Republican Party’s approach to immigration in recent years, writes the New York Times editorial board.

Despite the administration’s claims, the migrants arriving at the southern border are not nearing all-time highs, nor are they primarily criminals, but rather men, women, and children seeking safety and the American dream, writes Stephanie Leutert in Lawfare.

  • Data show that there has been no drastic increase in border crossings or crime near the border, write Manny Fernandez and Linda Qiu in the New York Times

The Trump Administration’s recent executive order does not actually end family separation, writes Shoba Sivaprasad Wadhia in ACSBlog.

  • Read the executive order here.

The Trump Administration announced the establishment of a formal process to reunite the 2,053 children separated from parents at the border, writes Nick Miroff in the Washington Post.

  • Read the Department of Homeland Security statement here.

The Department of Health and Human Services established an unaccompanied children reunification task force, Dan Diamond reports in Politico.

Detaining migrant families in order to deter unauthorized immigration is neither moral nor effective, argue Adam Cox and Ryan Goodman in Just Security.

Humane, cost-effective alternatives to family detention exist, writes Sonia Nazario in the New York Times.

The zero tolerance policy likely itself violates the Flores settlement, Katherine Hawkins argues in Just Security.

The State Department’s plan to limit certain student visas given to Chinese graduate students goes too far, Andrew Hamilton argues in the Washington Post.

 

CIVIL RIGHTS

A recently enacted bank deregulatory bill will worsen community banks’ pattern of racially discriminatory lending, write Jacob W. Faber and Terri Friedline in the Washington Post.

 

DEMOCRACY 

Since the Supreme Court struck down a key section of the Voting Rights Act, states like Alabama have made it harder to vote in myriad ways, writes Maggie Astor in the New York Times.

 

JUSTICE AND SAFETY

President Trump’s call to establish a sixth military branch—a “space force”—has been met with a cool reception by the Pentagon (NYT).

The Supreme Court in Carpenter held that access to a person’s historical cell-site records is a Fourth Amendment search that requires a warrant, because it violates the person’s “legitimate expectation of privacy in the record of his physical movements,” but leaves a number of questions about the Fourth Amendment’s scope unanswered, writes Orin Kerr in Lawfare.

Despite the Court’s holding, law enforcement agencies will continue to use technology to monitor or target people in worrisome ways, argues Barry Friedman in the New York Times.

 

CONFLICTS OF INTEREST

Newly released emails indicate that Environmental Protection Administration head Scott Pruitt sought to hire a friend of a lobbyist who rented Pruitt a Capitol Hill apartment at below market rate (NYTimes, WaPo).

The Office of Government Ethics expressed serious concerns about President Trump’s business dealings, but indicated it lacked the authority to open an investigation (WaPo).

The Trump administration has increased spending on commemorative “challenge coins,” including some depicting Mar-a-Lago, raising ethical concerns, reports Ken Vogel in the New York Times.

 

REGULATION

In a tweet, President Trump threatened to impose a 20% tariff on European cars (WSJ).

Health insurance rates are likely to increase in the wake of President Trump’s efforts to undermine the Affordable Care Act, and Republican legislators are fearing electoral consequences (Politico).

The immediate impact of the Trump administration’s incipient trade war with China may be limited as companies adjust their supply chains, but if the policy continues or expands to other countries, consumers may experience significant price increases, note Neil Irwin, Alexandra Stevenson, and Claire Ballantine in the New York Times.

The Trump administration is planning to shift the mission of the National Oceanic and Atmospheric Administration away from climate change research, reports John Schwartz in the New York Times.

The Trump administration has announced a new policy that requires scientists with the United States Geological Survey to seek approval from the Department of the Interior before speaking with journalists (LATimes).

 

RULE OF LAW

EPA Administrator Scott Pruitt is facing an investigation into allegedly retaliating against EPA employees who objected to his spending practices, reports Emily Holden in Politico.

 

CHECKS & BALANCES

Sen. Jeff Flake (R-AZ) suggested he would use his position on the Senate Judiciary Committee to delay the confirmation of judges in order to extract concessions from the administration on trade and other issues (WaPo, WSJ). 


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